• Right of my mother to my father's house

I would like to know of my mother's right over house owned by my father. My father has a house in his name in Gujarat and its rented out from last 13 years to the same tenant. I am not sure about the tenancy agreement. My mother wants the tenant out from the property but my father does not want to. my father is in India and he is not living in the same house. my mother is in the UK. 
1> Does she have a right to share of the rent from the tenant?
2> Can she order tenant out of the property? 
3> Can my mother put some kind of stay on this rented house so that my father can not sell it or rent it or transfer to some other person?
4> If my mom was to ask for divorce then can she ask for share of this house? My mom has other residential plot in her name in Gujarat. Can my father ask share of this land from my mother during divorce process?

Thank you.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

a)IF she has her personal source of income things are different but if she does not then she is entitled to maintenance from your father. Such maintenance may come from the house rent or other sources.

b) she can only try for eviction of the tenant if she can show that the subject property is her matrimonial home and that her right to residence in her matrimonial home is being disturbed by the tenant.

c) if your father is the sole title holder then that may be Difficult.

d) SHe can ask but if she is self sufficient she might not get much.

Saptarshi Banerjee
Advocate, Kolkata
220 Answers
6 Consultations

4.5 on 5.0

1) your mother has no share in rentals from the house

2) mother cannot evict tenant from said premises

3) mother can file DV case against her husband and seek stay restraining him from selling or creating third party rights on said house

4) mother would not have share in house in the event of divorce

5) similarly father cannot claim share in plot standing in mother name

6) mother can only seek alimony from husband if she is not able to mainatin herself

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Dear Concerned,

As the house is on the name of your Father and you mother is not a Co-owner in the property - you mother can not claim any share in the property within the life time of your father.

1. No your mother can not claim her share in the rent received from tenant.

2. No she can not ask for eviction until the life time of your father.

3. No - only if your mother file a case of domestic violence then she may obtain a stay but this is not possible as well as you mother is in UK and your father in India

4. If the plot that is on your mothers name was bought y your father on her name then he may claim stake - also she can claim her share however this will be based on the financial situation of your mother as well. For eg. if your mother independently is financially well of the court may not accept her prayers.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. During the lifetime of your father none of his heirs including your mother has any share in his property. Your mother has a right of residence in the property of her husband, but this right is eclipsed now by the tenancy created by your father.

2. Your father is the title holder of the property, so he alone can evict the tenant.

3. Your mother can file a DV case under PWDV Act, 2005 to seek injunction against the sale of property by your father as it would defeat her right to residence which may accrue to her on a future date,

4. Even if your mother files for divorce she cannot as a matter of right claim any share in the house. Your father too cannot claim the property of his wife.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Since your father is the sole owner and landlord of the tenant , he also can ask the tenant to vacate the proeprty.

2.Your mother neither being the landlord nor the owner of the proeprty can ask the tenant to quit it.

3. Wife ahs no share in the proeprty of husband. So during divorce proceeding also she can not claim any share in house.

4.Only in the case of mutual divorce if your parents settle to divide properties between them then and then only your mother would share .

5. Yes,your mother can seek injunction on the property by a proceeding under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. If title of the said house stands in the name of your father then neither your mother nor you have any right, title and/or interest on it.

2. Excepting your father no one has any authority to ask the tenant to leave the said rented premise.

3. She has no right on the said house which bars her from seeking/claiming any stay order in connection with the said house. Your father can deal with his said house in any way he feels like.

4. Wife can not claim share of husband's property during his lifetime under any circumstances. Similarly your father also can not ask for share of your mother's properties unless the same have been purchased by the mney provided by him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If this property belonged to your father then he only exercise all rights in it, your mother shall have no rights in his property at least during his lifetime.

2. No, she cannot ask the tenant to vacate because she is not the owner.

3. She can file an injunction suit restraining her husband to not to alienate the property for creating charge on it for the purpose of maintenance.

4. Neither your mother can ask for a share in his property nor he can claim a share in her property as a right, there is no provision in law for this.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) in U.K. in case of divorce both husband and wife assets acquired after marriage have to be split equally

2) court will not accept husband valuation of Rs one crores

3) court will go as per valuation declared in sale deed

4) you can rely upon circle rate declared by govt for properties in said areas

5) if money was advanced by mother you ha e to prove that money was transferred by mother to her daughter

6) contact a detective agency to gather about husband assets acquired after marriage

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. What do you mean by her husband's matrimonial property? Do you mean that he claimed that the money was provided by his parents? After the enactment of Benami Transactions (Prohibition) Act, 1988, the property registered in one's name can not be claimed by other. In the instant case, the husband shall have to establish with irrefutable evidence that he had provided the fund to her wife to buy the said property which will be impossible at this stage.

2. I do not know whether he will be able to prove or not. If the fund was provided by your mother then how will he prove such funding?

3.Land's value will be determined by the value at which it has been registered to be sold. Now a days, the Registry Office charge stamp duty considering the market value of the property saloe deed for which is registered.

4. Under value or over value of the property is not the concern of the husband. It has been sold at a value and if he claims any share it should be from the sale proceeds receive by his wife, not on his assumed figure.

5. If Court allows him 50% share it will be on the sale value actually received by his wife and not on his assumed value.

6. Your sister shall have to state that the money was arranged by her parents and she can also arrange to show accounts to prove that she had received the fund from her mother (when she had come to India) and/or other relatives as gift.

7. Your sister can engage a detective agency to trace out his properties or can ask the Court to direct him to provide property details and also the I.T Authorities to submit his last 5 years I.Tax return where he is expected to show purchase of properties and bank balance.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The husband cannot claim a share in the property that was bought or acquired by his wife especially during his life time

2.What he can do will depend upon the evidence or poof he may produce before court.

3. The property value can be found in the deed itself.

4. The court will go by law only.

5. You can secure the evidences from bank to prove her claim

6. no comments.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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