• Father's owned property and rights of wife and sons

My dad has an property which was given by his dad but, it was given as purchased property. Now he has again transfered that to my brothers sons as sold property. They are currently just 3 -5 yrs old so i cant do anything about it. Wanted to know if there is any way to claim rites on such property. Also note my brother is a step brother and my step mother past few months ago. also my father many times abuses my mother and does not treat her well. He is babdly alcoholic Hence currently my mother lives with me.

Thanks for your help!
Asked 1 year ago in Property Law from Pune, Maharashtra
1) your father was absolute owner of the property as he had purchased it by sale deed from his father 

2) your father is free to  sell the said property to whom soever he pleases 

3) you cannot have any claim on said property 

4) your mother can file domestic violence case against your father . 

5) she can claim right to stay in matrimonial home or alternative accommodation . 

6) she can also seek maintenance from her husband .

7) your mother should seek protection order from magistrate court in Domestic violence case against her husband
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) once property has been transferred in favour of minor your brother  would need court consent to dispose said property . 

2) if no consideration has been paid inspite of it being mentioned in sale deed your mother can file suit for setting aside sale deed on grounds that it is vitiated by fraud and executed to deprive her of right to stay in matrimonial home 

3) your mother has no share in sale proceeds received by her husband from sale of property 

4) filing of domestic violence case by your mother and seeking reliefs of staying in matrimonial home does not lead to divorce . your mother can claim maintenance from her husband . 
5) your father will try to settle issue amicably with your mother
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi, once the property was sold to minor and getting the same form the minor you need to get the permission from the court.

2. Your mother can claim maintenance from your father  not share in the property.

3. Suppose if father was dead then only she can claim the property but in your case property was sold to your brother son then your mother has to file a suit for cancellation of sale deed and it will take time in the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. The property on sale by your grand father to your father became the self acquired property of the latter. 

2. Your father sold the property to his grand son whereupon the ownership thereof passed to the latter.  

3. Consequently you cannot sue to claim any share in the property as you have no right therein. This is subject to only exception-If you can prove the property to be ancestral then you may impeach the sale in the court.

4. In so far as the domestic abuse suffered by your mother is concerned, she can file a case of domestic violence to claim maintenance and protection from her husband.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. That the buyer was a minor at the time of the sale does not vitiate the sale. After the sale of the property by your father to his grand son the father of the minor grand son cannot sell/gift any portion therein except without court orders. 

2. The sale made by your father can be challenged by you alone if the property can be shown as ancestral. Your mother cannot challenge the sale even if the property so sold was ancestral. 

3. Your mother cannot seek any share in the sale proceeds. She can only seek maintenance from her husband. The question of her entitlement to maintenance is independent of the validity of the sale. 

4. She may get 1/3rd of her husband's income.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
A.How your dad's father transferred the property? Exam: By sale, gift or will. Since your father is the absolute owner of the property he can alienate the property without consent of apparent legal heirs because of this property is not inherited from your father or partitioned in the Joint Family property. I can presume it is your father individual property.

B. However, the said sale on behalf of the minor must be executed and represented by the natural guardian for the benefit of the minor through duly stamped and registered.

C. Notwithstanding your brother willing to transfer the property in your name, the court permission is compulsory in the eyes of law because of the property right and interest has been created in the name of minors within the supervision of the natural guardian. Hence, the Court permission is mandatory. However, the minor property can alienate by the natural guardian for the legal necessity and benefit of the minor child in special circumstances.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
Hello,
1) If the property was acquired as purchased property it is considered self acquired property and he can dispose out of as he chooses and no one can question it.

2) The brother's sons upon straining majority  will by virtue of the sale agreement become owners of the property. As of now the guardian who would be your brother will be able to manage the property in his right as custodian of the property.

3) As such when your father is alive no one can stake any claim in the property and that includes you as well.

4) Your mother file a case of domestic violence against your father and seek maintenance, residence order and protection among other reliefs.

5) How was he able to marry your step mother while your mother was alive. If religion permits it is fine. Or else on a complaint from your mother he can be charged with bigamy.

6) Your  mother can not stake claim of profit gained from sale of her husband's property.

7) As said earlier she can either file a Domestic violence case seek the reliefs or alternately she can file for divorce and seek maintenance. She can claim upto 1/3 of bus income.

8) You need to engage a lawyer who can take necessary legal steps to ensure all the rights your mother has from the marriage.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The property belonged to your father,

2. He has the right to do whatever he wishes to with his said property,

3. You have no legal right to claim your share on the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. The property is now in the name of a minor,

2. For selling or dealing with a minors property, the approval of District Judge has to be obtained,

3. District judge will not grant sanction unless such dealing with the minor's property is for his welfare,

4. Your mother can not claim share on the sales proceeds or any money your father is holding during his life time,

5. She can file a polce complaint for any illteatment, filre divorce suit and also  D case laiming maintenance and alternate accomodation,

6. She will get interin maintenance till he final maintenance order is delivered by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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