Property in parent's name
I am the only son of my father and don't have mother as she died in an accident 5 years ago. I have 3 sister out of which only one is unmarried and is younger to me. Myself , my wife, my sister all are taking care of my father and grandfather too. Now the problem is that since last 4 months my father is in affair with a widow woman and the matter has become so serious that he tells he will write all land on her name.. pls suggest what should I do so that he will not be able to transfer land on her name. Most of our land is on my father's name only.
Asked in Property Law from Patna, Bihar
He can alienate his property according to his wish.
If however this is ancestral property that is your father inherited the land from your grandfather who had inherited it from your great grandfather then you all have a right in such property. You can enforce partition against your father.
1) your father is absolute owner of property
2) your father is free to dispose property if he so desires
3) he an execute will in favour of the widow if he so desires
4) on his demise you can challenge will as all the children have been disinherited
If the property is self acquired by your father then he can sell,make WILL and gift to anybody during his life time, so you can not raise objection. Even if the property is self acquired by your grandfather then it will be treated as self acquired property by your father. WILL would be effected after death of your father and must be granted by the Court, then you would file an objection against the said WILL.
However such property cannot have come to him through a will because will makes it self acquired.
A. What is the nature of property ? Which means Self Acquired or Ancestral Property?
B. In case, property is self acquired whatever property stands in the name of your father that can be disposed or transferred to any person without obtain consent of the anybody.
C. In case, property is ancestral property, you can claim the share through partition in the event of try to alienate the property to any person. You can approach the Civil Court by filing Injunction and Partition suit.
If the property of the father is a self acquired property, he has full right and authority to Will away the land to anyone be it the widow or the children. that cannot be challenged. He can gift away the property to her as well. Hence if he makes such a will, it would have to be challenged on the ground that the blood relatives have been disinherited without any cause or reason.
1. Whether the property is your father's self-acquired property or ancestral?.
2. If the property is your father's self-acquired and not ancestral, then he will have full rights to convey the title of property to any body. However you & your sister covince your father that he should not take a hasty decision of giving all the property to the woman with whom he has an affair, and to use his judgement to take a correct decision.
1. If the property is the self acquired property of your father then he is at liberty to transfer it in entirety to this woman.
2. You cannot restrain him from dealing with his property in the manner he desires.
immediately file civil suit for partition of property. court will grant injunction order and prevent your father to execute any WILL, property will be divided by the civil suit. he can alienate only his own share in ancestral property and his self acquired property.
1. Your father is within his right to do whatever he wishes to do legally with his property,
2. Your widower father is also within his right to have affair with and marry a widow woman,
3. You can not legally restrain him in dealing with his property the way he likes.