Dear Sir, My father has illegally married another lady while my mother is still alive. My mother has 2 sons (including myself and both are major) and recently he has gifted half of our property (which we are the legal inhabitants since 28 years) to his second wife. This document was prepared without the consent of mine or my brother or my mother's knowledge. Can I nullify/cancel this gift deed as these things were done behind my family's back ? Best Regards, N
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1. it is not clear how your father acquired the property .
2. So if that proeprty is his self earned then he can gift this to anyone he chooses.
3. Only of the proeprty is his ancestral then only you can challenge this by filing civil suit for declaration and recovery of possession.
4. So go for cancellation only if the gift is made of his ancestral proeprty.
Thank you for your quick response Sir. This property is not self earned by my father and it is an ancestral property which belonged to my father's mother (i.e., my grand mother). Once she passed away my father inherited the same. As per your response I can challenge it, Is my understanding correct ? Also, the second wife tells me that she will demolish my home in 7 days. Please suggest what legal action should I take against her ?
Hi, If you nullify the marriage itself then gift deed will be automatically become void. Your father do not need anybody consent before he gift the property to someone.
Thanks,
Adv.Niranjan,
Mobile - .
your mother should file case for bigamy against her husband and his second wife under section 494 of IPC
2)also file DV case against her husband and seek injunction restraining him from creating third party rights on the house
3)your father can execute gift deed for 50 per share of property in favour of his second wife
4) if your mother files bigamy / DV cases your father will compromise with your mother
it is not ancestral property
2) property which has remained undivided for 4 generations is ancestral property
3) your mother should file DV/ 494 case immediately
4) second wife cannot demolish the house
Thank you for clarifying Sir. We are 2nd generation legal heirs of this home, and this property is not self earned by my father and this plot is partitioned amongst 3 other brothers (my father being one of them). So there are 3 separate katha documents and property IDs. Every member of my family (i.e., myself, my uncles are living in this house for more than 30 years). As suggested by you we will consider filing case for DV/ 494. But I am very much surprised as to how my father registered a gift deed which mentions my legal wife "Wife 2" along with her son (who is a minor). Please suggest
second marriage during subsistence of earlier marriage is illegal
2) by no stretch of imagination she is the legal wife
3) property which as remained undivided for 4 generations is ancestral property
4) in present case it is inherited property and would be regarded as self acquired property
5) file DV / 494 IPC case as advised
Dear Sir/Madam, Self acquired property can be gifted to any body its depend upon his/her wishes. As per your query, the property is ancestral property and thereafter partitioned and got your father his respective share, his share is come under ancestral property, he can not right to execute Gift Deed or WILL as he like, you have to file civil suit for cancellation of Gift Deed by narrating all these things, if want my service in this regard I will do it.
You can file case u/s 494 of IPC only when you can prove your father married 2nd term. Do you have a copy of gift deed with you?. You can not say you are 2nd generation legal heirs unless there is agreement/will executed on this. But, after seeing inherited property document and gift deed i would able to suggest you what can be done legally.
Thanks,
Adv.Niranjan,
Mobile - .
his document was prepared without the consent of mine or my brother or my mother's knowledge. Can I nullify/cancel this gift deed as these things were done behind my family's back ?
The inhabitant in the property shall not confer the title on you over this property.
If this property was your father's own and absolute property, he can very well transfer the same to anyone of his choice.
He need not take anyone's consent or permission or NOC to dispose his own property.
To pressurise him from not to alienate the property anymore, your mother can file a maintenance case against him and also file an injunction suit restraining him from alienating or encumbering the property any further to create a charge over the property for maintenance payment purpose.
Your mother can file a bigamy case also against your father for his act of marrying another person during the subsistence of her marriage with him.
This property is not self earned by my father and it is an ancestral property which belonged to my father's mother (i.e., my grand mother). Once she passed away my father inherited the same. As per your response I can challenge it, Is my understanding correct ?
Your father's mother's property inherited by your father or now in his hands is not ancestral property.
It becomes his own and absolute property.
Therefore you may not be able to challenge the same
The second wife cannot demolish the dwelling house by any mode. She has to follow the due process of law.
You can obtain an order of injunction against her for this statement itself.
As suggested by you we will consider filing case for DV/ 494. But I am very much surprised as to how my father registered a gift deed which mentions my legal wife "Wife 2" along with her son (who is a minor). Please suggest
Please remember that your mother alone can file domestic violence and bigamy cases against your father.
For bigamy, the copy of the document 'gift deed' wherein she has been mentioned as second wife shall be a proof to prove the act bigamy.