• Does my mother have rights in my father's property

Hi,
My parents are married for past 35 yrs. But both cannot get along with each other as my father is a womaniser. He had had many affairs in the past . My mother being aware of all this compromised because of us ( two daughters).My father had a transferable job so he was always posted out of Delhi . My mother single handedly bought  up us two girls from preschool to marriage.She also looked after my fathers house i e all repair and and other necessary work. She even invested her earnings amounting in lacs in the renovation , furniture and repair of the flat. My father even stopped sending money for monthly expenses after 1998.At present they are staying together in the same flat. 
Please note that my late grandfather( mother's father) had given Rs 28000 to purchase this flat while the total cost was Rs 70000 back in 1981. This was mentioned by my father in his  government office loan record.
My fathers stayed in chennai for two years even after retirement as he was having an affair with another woman.There has been many episode of domestic violence which my mother suffered and I am witness to it.
Now she doesn't want to stay with him anymore as we both are married and settled. I would like to know if she can get equal share in my father's self acquired property after divorce. My mother is a retired govt officer with regular pension. Is she entitled to maintenance ? She also has another flat on her single name which she bought from her own savings.If she gifts her flat to us( daughters) can she claim rights in my fathers property?Since my mother shelled her whole life for us and this house ,I don't want her to loose this property. Please suggest a way so that she can claim her stake in this house.
Asked 2 years ago in Property Law from New Delhi, Delhi
1. Well since the house is in the sole name of your father, your mother can not claim share in it.
2. However in the context of PWDV Act, she can claim her exclusive right of residence therein , even at the exclusion of your father.
3. Ask her to initiate such case aspa and include such prayed in the case.
4. long with this she can claim monthly maintenance for herself.
5. Given the years of services she had invested in raising both of you, she is entitled to one time compensation amounting to several lakhs of rupees for which she will have to claim such relief in the same case under PWDV Act.
6. ASK HER TO RAISE HER VOICE , AT LEAST NOW.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1) it is not in your mother interest to file for divorce at this stage . 

2) she cannot claim 50%share in flat as the flat is standing in your father name only . 

3) she can file DV case and obtain a stay restraining her husband from selling the flat or creating any third party rights . 


4) she has right to stay in her matrimonial home . 

5) she wont be able to claim maintenance as she is  retired govt servant and getting pension from government .

6) she can execute gift deed in respect of flat standing in her name in favour of her daughters . 

7) but gift deed would attract stamp duty and regsitration charges . 

8) advisable she makes a will in respect of said flat in daughters name
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1) Dv means Domestic violence case . this is special law enacted to protect women  from domestic violence . 

2)your father is free to execute gift deed or make a will if he is absolute owner of his property . 

3) as mentioned earlier your mother has no ownership rights and can only claim right to stay in her matrimonial home . she can obtain stay restraining her husband from selling the flat . but your mother cant stop your father from bequeathing flat under a will . 

4) gift deed normally attracts around 2% to 3% stamp duty depending upon market value of flat as per ready reckoner rates . registration charges are 1%. it varies from state to state . 

5) flat should have been purchased in joint names for your mother to claim ownership rights on flat . merely because grand father contributed X amount does not give your mother ownership rights
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. Your mother can apply for divorce on the ground of cruelty and adultery committed by your father. 

2. She has many more remedies which she can pursue under the legal framework. She can file a DV case against your father to claim compensation for the abuse suffered by her during her matrimony.  She can also claim maintenance for her support. 

3. Furthermore, your mother may file criminal charges for adultery against your father.

4. However, you mother cannot claim a share in the self acquired property of her husband as under the present law the wife has no share in the property acquired by her husband from out of his own income. The bill proposing to give to the wife an equal share in the property of her husband is gathering dust in the Parliament for some years now and it may never be passed due to the stiff opposition put up various groups. 

5. She is at liberty to execute a gift of the flat which is owned by her. Her ownership of the flat has no nexus with the self acquired property of her husband. So even if she makes a gift deed she wont be able to claim her husband's property.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. DV means domestic violence. Your mother can claim one time compensation under this law. 

2. Your father is at liberty to make a gift or will of his property in favour of any one he so desires. One can sell, gift or burn down the property owned by him. 

3. Your mother can seek a stay order against the sale or gift of flat by your father. If he succeeds in creating third party rights it ill be very difficult for your mother to impeach the said third party rights in the court. 

4. Your father cannot claim any right in the flat of your mother.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. She will not have any claim on the properties of your father during his lifetime,

2. She can file a declaratory suit claimintg its share since her father's money was invested t buy the said property as has been admitted by your father in his official records,

3. Your mother can file a DV case against your father and claim residential right to stay in his house,

4. He can execute a deed and gift her property to you but it will have no consequence on her right on your father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
442 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0