Can a father sell his property to his son?

The short answer is yes. You can sell property to anyone you like at any price if you own it. But do you really want to? The Internal Revenue Service (IRS) takes the position that you're making a $199,999 gift if you sell for $1 and the home's fair market value is $200,000, even if you sell to your child.

Can a father sell his property to son in India?

Yes, if the person decides to gift or bequeath his entire personal property to one son alone, he is permitted to do so. There is no bar in Hindu Law or the Secular Law in India preventing a person from disinheriting all other offspring in favour of one son.

Can I sell my house to my son in India?

There is no restriction to transfer the property by gift deed or sale deed to his son or daughter by the father.

Can I sell my property to my son?

A There is no legal reason why you can't sell your home to your son if that's what you want to do. But to avoid inheritance tax complications you will need to pay him the full market rent for your home, and your son will have to pay the full market value for the property.

How can I transfer father property to son in India?

Parents want to sell their property but the son is objecting - Assim al hakeem

Who has right on father's property?

The Supreme Court on January 21 made it clear that Hindu daughters would be entitled to inherit the property of their father in the absence of any other legal heir; they would receive preference over other members of the family in inheriting the property even if the father does not leave behind a will.

Is father can sell his property without consent of son?

Answers (2) No the son and the daughter cannot object to the sale of the property as it is the father's self acquired property. If the property is a self acquired one then the owner has the sole rights to sell the property.

How can I stop my father from selling property?

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Can I challenge my father's will?

The terms of the will shall come into effect after the death of the testator (your father), and being a legal heir, you can challenge your father's will in a court of law.

Can daughter challenge father's will?

Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.

Can father gift property to one son?

In case of Father's self-acquired property

A person can make the will of his property in favor of his one son out of 2 or more. Father can gift his self acquired property to one son, if another son has given his monetary share to the property then he can claim his rights in court.

Who is the owner of property after father death?

Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. If he had made a will making your brother the beneficiary of the property, you would have had no legal right over the said property.

Can daughter claim father's property when father is alive?

According to a recent Supreme Court ruling, it does not matter whether the father was alive or not in 2005, when the Hindu Succession Act 1956 was amended to give equal rights to the daughter in her father's property. Since your father died without a will, the property will be divided equally among all legal heirs.

How property is divided in family law?

The property partition law for a joint family in India states that an ancestral property can be divided on the basis of making a family partition agreement. This is subject to the personal laws of inheritance where Hindus, Muslims, and Christians have different standings under family property division.

Can I claim my father property?

The court stated that the property of the grandfather can be held as the father's ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers' father had made a partition during his lifetime.

What are the 4 property rights?

The main legal property rights are the right of possession, the right of control, the right of exclusion, the right to derive income, and the right of disposition.

Can married daughter claim father's property?

Summary. The Hindu Succession (Amendment) Act, 2005 introduces gender equality, for the first time, in the succession laws in India. The 2005 Amendment and the judicial decisions thereafter have clarified that a married daughter has a right over the property of her father, which is equal to that of a son.

Can married sister claim father's property?

As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property if these belonged to your father, unless she has been deprived of her entitlement by virtue of any effective instrument.

Can father deny his property to daughter?

So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.

Can daughter claim father's property after 12 years?

1. There is no legal infirmity in it, she can claim her share in the property as a legal heir of her son, there is no limitation for it.

How do you divide the father's property?

Can wife claim husband's parents property?

According to Hindu Undivided Family laws, the ancestral property belongs to the coparceners only. As per the law, the wife is not counted among the coparceners. However, if the wife inherits property from the husband legally, she can claim the husband's ancestral property.

Who is the legal heir of husband property?

If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and there are no children.

How can father transfer his property to his son?

Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.

How do you transfer property in blood relations?

Any movable or immovable property can be transferred within blood relations without any consideration via a gift deed or a Will. The advantages of having a gift deed is that it can be executed during the lifetime of a donor, unlike a Will which comes into effect only after the death of the testator.