• Right to claim father's property

My father has got two wives. I am the first daughter of his first wife. I have 2 younger siblings. The dispute is that my father doesn't want to give any of his properties to us (1st wife's children). All of the properties that he has got has been obtained by selling the properties from his mother. Now that all of my siblings are married and I am settled in Australia, he has started selling out the properties to change them into liquid money and give to other wife's children. Is there a way for me to claim the property from him and also stop him from selling the rest of the properties?

thanks.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

on demise of your grand mother your father inherited the properties

2) your father is at liberty to dispose of the properties during his lifetime

3)only if he dies intestate would you inherit any share in properties

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

in the vent father executes will in favour of second wife and her children property would devolve on the said beneficiaries mentioned in will

2) you are at liberty to challenge the will on his demise

3) father can sell his properties and transfer sale proceeds to his children from 2nd wife

4) your mother can claim maintenance from her husband

5) she has right to stay in her matrimonial home but has no share in his properties

6) she can seek injunction restraining her husband from selling the matrimonial home

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

hello maam

u have to file case for injunction for stopping ur father from selling properties.

u can also claim partition in property.

ur mother can also file criminal as well as civil cases for getting maintenance

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

1. Since the property acquired form his mother would be treated as his own and more so after selling the same he dilutes the little trace the property may have , you can not claim any share in it by birth.

2. Accordingly if he executes any Will you can not restrain him either.

3. However your mother if living can claim for right of residence and maintenance during her lifetime.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

To your dismay, properties(monies) acquired by father from her mother, is his personal properties, and no one have any claim in it.

And on father dying intestate, than all u siblings, step siblings, and mother will equally inherit father`s assets.

1. What if he had written a will not in favour of us (the first wife's children) ---- WILL is valid, he can disinherit any one and bequeath his properties to anyone in the world.

2. What if he sells all of the properties before he died and give it to other children? ---- It can be through gift, otherwise after his death, any of his assets,monies subsist, equal claim as sated above.

3. My mother as a wife, did not get anything from him, how could she claim her right? ---- She can file for maintenance, right to residence, alimony etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If it is self acquired Property you can't stop him from giving it to anyone of his choice. But if the same is ancestral then you can claim your share

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

Hello,

the same happens to be a self acquired property of your father and therefore during his lifetime he can dispose of the same in any manner he desires.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As of now no one has a legal right on the property that is in possession of your father

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1.He is the owner of his said properties and can deal with the same in any way he wishes to.

2. Though his second marriage without divorcing your mother is illegal but that is not the issue in the instant case.

3. He is within his rights to gift or will his movable and immovable properties to anybody including the children of his second wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If he has has written a will depriving you and other children of his 1st wife, then nothing can be done on the said will other than challenging the genuineness of the said will after his demise, when the beneficiaries file application for grant of probate of the will for which your shall get copy of the same from the Court for your consent or contest. At that time you can state that the said will was executed by your father under coercion. You can not claim share of his properties during his lifetime.

2. Nothing can be done against his act of selling his properties and gifting the sales proceeds to his children from his second wife.

3. Wife has no right on her husband's properties during his lifetime as per Indian Law. However, she has the right to claim maintenance from her husband to enable to maintain herself as per the status of her husband.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The properties that he inherited from his mother are considered to be his own and absolute properties.,

He can sell, dispose them or transfer them to anyone of his choice, it is his liberty and he is the only person who have an absolute rights over the properties at least during his lifetime.

Neither you nor our siblings or his second wife or the children born through her are not entitled to claim any share in the properties as a right.

Also nobody can question his authority over his property or the transactions he may be doing or proposed to do.

Therefore legally you cannot do anything to stop him from disposing his properties.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Thanks for your answer. I have few more queries:

1. What if he had written a will not in favour of us (the first wife's children)

That is his own decision, nobody can question his authority over this action.

2. What if he sells all of the properties before he died and give it to other children?

That is his his own decision, legally you cannot do anything to stop him from doing so.

3. My mother as a wife, did not get anything from him, how could she claim her right?

Your mother is entitled to claim maintenance from him, she can file a petition under section 125 cr.,p.c. even now.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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