• Transfer of Property

A died interstate leaving behind his wife (W), two daughters (F1 & F2) and two sons (M1 & M2). A has also left lot of immovable and movable properties which was self acquired by him. 

M2 was unmarried at the time of death of his father. Latter he married a female W1 and gave birth to a female child D1. After few years he married another female W2 without getting a divorce from W1. W2 has also gave birth to a female child D2. 

Now M2 is not in good terms with W1. hence we wants to gift all the properties which he got from his father A thru legalhairship to D2. 

Now the question is can D1 clam her rights from the properties of her grandfather A.

Thanks
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) on A demise wife , 2 daughters , 2 sons have one fifth share in property

2) it was self acquired property of A

3)D! has no share in properties inherited by her father from grand father

4) M2 can execute gift deed in favour of D2

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) W1 should file DV complaint against her husband and seek injunction restraining her husband from creating third party rights on the house

2) both W1 and D1 should seek maintenance from M2

3) second marriage of M2 is is illegal and case of bigamy can be filed against M2 under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

domestic violence complaint under provisions of DV act

2) W1 can seek injunction on house only

3) after marriage of D1 father is not liable to pay maintenance to her

4)W1 can seek maintenance from her husband

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Now M2 is not in good terms with W1. hence we wants to gift all the properties which he got from his father A thru legalhairship to D2.

Now the question is can D1 clam her rights from the properties of her grandfather A.

Neither D1 nor anyone can claim a share or rights in the property now in the possession of M2 whih he acquired as his share out of his father's property.

He is the absolute owner of his property, there is no provision in law for grandchildren claiming a share i the grandfather's property while their father is alive and he inherited his share out of his father's self acquired property.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

M2 is totally unfair to W1 and D1. He is not taking care of them even for their day to day requirements. Then how W1 and D1 can establish their rights with M2 in the grandfathers property of D1.

W1 and D1 can seek their relief as per law, they cannot claim any share in their grandfather's property as a right, there is no provision in law for that.

They can file a petition seeking maintenance under section 125 cr.p.c. if he ignores them.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1/ It is domestic violence case agaisnt the husband by the wife.

2. For maintenance amount she can seek injunction on the properties held by them as a security or charge

3. married daughters are not entitled for maintenance

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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