• Daughter remarried 3 times, now seeking property/money from all marriages and widow mother.

Hindu family daughter married 3 times with her own choice and the parents did the face saving in the society by letting her marriage again with the same person and giving gifts as all hindu families do. She is having a son from her first husband from whom she legally divorced after taking compensation. Divorce from second marriage is under process and pending due compensation amount negotiation and is being pending for more than 5 years. Married again with a muslim male but not showing and using his name in public but enjoying the benefits. Father who was in central govt. service expired 2 years back and mother is living on pension and the money received from the department (with son) and gave some money to the son as well. Here the only property was in the name of mother. Now daughter is claiming her right in all assets in mothers name and not taking any responsibility of liabilities and mother care. As she is not showing her 3rd marriage and pretending to be a helpless women and asking of her share via court. Though the father before death helped her purchase a house in her name and continuously giving money to her daughter on monthly basis in cash apart from the gifts and cloths as were given in hindu religion. Now son has bought a house in his name with the concent of mother. Daughter is claiming her right in son's property too. Pl advise what can be done from mother and son point of view.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Mother and son should defend themselves in the court of law as daughter does not has any share in the self acquired property of the mother during her lifetime. You should also file a declaration suit to declare the property in the name of the legal heirs of your father which has been transferred to your sister's name by stating that doesn't consent was taken by way of coercion or under duress.

Also, complaint for committing bigamy under section 494 of the Indian Penal Code can be filed against her as she got remarried during the substance of a previous marriage without decree of divorce.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

On demise of father daughter has one third share in property 

 

2) if property is in mother name daughter would have no share in her property 

 

3) daughter has no  share in property standing in son name 

 

4) contest the false case filed by daughter 

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

Hi,

If the property was acquired by father out of his own earnings, mother can write a gift deed on the name of son. Then let her claim but she won't get anything. At the same time, mother can disown the daughter citing the reasons of her immoral or illegal behavior. It is expected that after these activities, the daughter will be compelled to withdraw her claims.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The daughter cannot claim any share in the mother's property nor in her brother's property as a right.

The question is not about how many time she got remarried. this is about the legal rights in the property.

Since the properties are owned by the respective owners by a registered title documents on their name, she cannot claim any share in such properties as a right, her case may not be maintainable in law

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Dear Client,

In her life time, daughter have no claim in mother`s property. Your mother can dis inherit her by executing WILL or Gift the property to you.

Dose mother contributed in purchase of son`s property ? IF yes than ask her to execute release deed or WILL in your favor.

In self purchase acquire property of son, sister have no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

If the said house is self acquired property of son then she can't claim her right on the same 

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

1) your defence should be that she is married and was not dependent on deceased father and hence not entitled to pension received by mother 

 

2) that daughter has received substantial compensation from her first husband and remarried 

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

She can claim an equal share in her father's pension and gratuity amount, being the class 1 legal heir, if your husband/father died intestate. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

In gratuity she can claim but not in pension. Mother can give her money to any.

mother gave some money to son - ask her to make a WILL in your favor that share in house according to given money will be yours after her death. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

If the said money is of father then it will never divided amoung legal heirs. 

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Since she is married and her marriage has not been dissolved yet,  her case can be dismissed on this grounds itself. The brother and mother can refuse to pay her any money. 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Hello

She can not claim any right in the property that has been bought by the son. 

Also if the father has given a flat to her during her life time then she will not  get any claim on the same also. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She has the right in the dues that has been received by you.

if she is harassing you then you can file a case under the provision of Maintenance and Welfare of Parents and Senior Citizens Act, 2007

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If property is in mother name then daughter have No rights to claim in her life time... 

She cannot claim share in her brother property. 

Contest the false case on merit. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client

first of all the mother have to transfer the property to his son name. As daughter cannot claim the property till the mother is alive.

secondly mother and son should join hands with second husband of daughter to teach her lesson of life and disclose the facts about her new marriage in court so that she will have to face Indian Penal Law for doing fraud and bigamy.

dont worry about the legal notices you just have to prove that she is lying as she is living in her third marriage without divorce and concealing the real facts from court so that court will dismiss her petition. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that the daughter has not been updated about the law of succession I parents property.
  2. Firstly, the property is in the name of the mother and she has all right to give it to anyone or to no one, daughter cannot claim any right in as the same is of self acquired property of the mother, unlike ancestral property.
  3. Secondly, after the death of the father, mother got the money as she would have been declared as legal nominee in the department.
  4. Daughter cannot cal anything from the son property also irrespective of he fact that if he may have bought by taking money from his mother.
  5. Rest, you are free to call me for further legal guidance on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

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