Property consisting of a plot of land and building constructed afterwards on that , purchased from the funds of Father and elder son in the name of mother(fathers wife ,ie not ancestral property) 40 years back. A registered will was executed 20 year back jointly by father and mother distributing the property in the name of three sons (including one step son and excluding daughters)Now mother died recently. and father is still alive. Now the question is <\/p>\n
1) Who are the real owners ie father son duo or mother.<\/p>\n
2) Benami transaction act was not in force, hence property will be benami or what..<\/p>\n
3)Can mother give entire property through will or gift deed ,against wish of father to second son ,depriving elder son who had invested 50% on property <\/p>\n
4) What is the remedy left with elder son.<\/p>\n
5) Is there any supreme court judgement where the persons who have provided the funds are declared as real owners not the person in whose name property is purchased.Details of such case may kindly be provided. <\/p>\n
6) Mother died after two months of gift deed\/will in favour of second son. suspicion of unnatural death or poisiong or giving less food which resulted in lowering of her blood pressure and subsequent death is there ,how to proceed further. under which law case can be filed against second son as mother was living with him and he avoided medical examination and obtaining certificate after death and before funeral(it was severe corona period) and elder son could not attend funeral due to Cobid RESTRICTIONS but advised him (younger brother ) through whatsapp message to obtain medical certificate before funeral. But he got annoyed and created a situation to cremate in a hurry. Any court judgement for reference.<\/p>\n
7)Younger brother obtained Death certificate by giving false information ie wrong husband name and mothers name while giving application\/affidavit to registrar. Can a case be filed but under which section rule.<\/p>\n","protected":false},"comment_status":"open","ping_status":"closed","template":"","qa_expert":[139],"qa_category":[30,23],"qa_tag":[269,275,277,274,276],"class_list":["post-19741","qa","type-qa","status-publish","hentry","qa_expert-research-team","qa_category-general-law","qa_category-income-tax","qa_tag-benami-transaction","qa_tag-father","qa_tag-legal-remedy","qa_tag-property-of-mother","qa_tag-son"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa\/19741","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/qa"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=19741"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=19741"}],"wp:term":[{"taxonomy":"qa_expert","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_expert?post=19741"},{"taxonomy":"qa_category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_category?post=19741"},{"taxonomy":"qa_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_tag?post=19741"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}