• Property share claim by my wife and 3 year old baby from me

My father died at 2009.after that me , my sister and mother are totaly three share for my father proberty.my sister and me got married at [deleted] .my sister and mother give release to there rights for my father property to me.

now me , my wife and my daughter live seperately.diverse case going on. i want to sell my fathers proberty. i get advance from buyer. 
 now my wife father ask for two share for my wife and daughter through news paper. 
plz tell me is any other way to sell property with out share to wife and daughter. they already rich but they want threadern me.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

After the execution of release deed you are the absolute owner of the property. You can sell the property as own your wish. Wife and child has no right over your property. But you have some obligation to your wife and child. A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. The same time a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband.Sell the property immediately if you have urgent need and there is no restriction from any court for selling

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. Wife has no share in the proeprty of husband.

2.Daughter has share in the proeprty but on your death only.

3. Daughter has share in 1/4rd of your proeprty while rest 2/3rd which you have received from your mother and sister will be considered to be you self acquired property.

3.Sothe objection raised by your wife has no merit,

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1) your wife and daughter do not have any share in your property

2) your wife only has right to stay in matrimonial home . she can seek injunction restraining you from selling the property but cannot claim share in property

3) you dont have to give them any share .

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

child has no rights on your property during your lifetime

2) only on your demise intestate your wife and child inherit your property as legal heirs

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

During your life time you have every right to sell your own property to any one .Child and wife has no legal right over the property. They can claim only maintenance and accommodation. Ask the buyer to take a legal opinion and proceed.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Your child has a share in your property, no doubt. But you can still sell the portion that belongs to you i.e. 1/3rd.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

now me , my wife and my daughter live seperately.diverse case going on. i want to sell my fathers proberty. i get advance from buyer.

now my wife father ask for two share for my wife and daughter through news paper.

plz tell me is any other way to sell property with out share to wife and daughter. they already rich but they want threadern me.

If your father in law is indulging in such activities, you can issue a legal notice to him seeking compensation for the defamatory publication made in the newspaper claiming shares for his daughter and kid and can advise him in the same notice stating that if at all she has any claim she has to aproach court of law only and not to publicly defame you by such unlawful and irrelevant advertisements in newspaper.

If you desire to sell the property, she cannot interfere nor she can get a stay on this.

You can go ahead.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

if i sell proberty when diverse case is going on.the buyer scared to buy they proberty. they told that they lease document is proceed during abscend of father. so they child have rights in my part of share. is therre possible for this in future.

This property belongs to you and you are the absolute owner of the property, hence you can sell it if there is no restrictions from court.

You can change the buyer if the current one is not willing to buy without understanding the law and position.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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