Respected lawyers, I am trying to claim right to my father's property in India. My father got his property from his mother (but originally earned by my grand father). My mother was married to my father's brother earlier and after his demise, was remarried to my father and hence inherited properties from her husband as well. These happened before we were born to my father. Later, my father married another lady and due to other family problems, my mother had to sign off wherever he asked her to. So he sold most of the properties( inherited by my mother from his husband and the ones that my father inherited) and had bought other properties out of the sold ones on his name (claiming to be self acquired properties). Now that he denies giving property to his first wife's children( us - 3 kids), he has started giving out properties to his second wife's kids. I am his daughter, married and living in Australia. What could I do to claim my right to the property. Additionally, my mother also inherited a land from her father which is written as will by her father on my mom and dad. My mother released that land to my father as quoted above(due to family problems). My mother is now helpless without anything with her. Every time my mother asks him, he says that he will build a home on that land and give it to my mother. I don't have any hopes of him doing so. My siblings are not interested in getting into these issues. I definitely want him to give my mother's property to him and would like to get my share as well. Please give your suggestions. Please note that he did not work or do any business.
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During your father lifetime you have no share in property standing in your father name
2) only if he dies intestate can you claim share in property
3) if your mother has executed registered relinquishment deed to relinquish her share in property you cannot claim any share in property
Your mother can file a suit for cancellation of gift/relinquishment deed in civil Court on ground that the same was obtained by way of coercion.
You do not have any share in the self acquired property of your father during his lifetime. With regards to the property that has been inherited by him, it will be treated as his self acquired property and he is at complete liberty to do whatever he pleases with the property.
Hi,
You are suggested to file a declaration suit along with suit for injunction on behalf of your mother and yourself in the district court where properties are located.
Hi,
- If the property is sold to third party, you can not do anything.
- Also if the property is given by your mother to your father and same is been already updated in record, again you can not do anything.
- Also the limitation period is requirement to be checked.
- You can connect if needed any support.
Regards
Vivek Arya
Dear Client,
Land in which mother released her share is now solely owned by your father only. And other properties of mother which were sold by father and purchased new property in his name. Those properties mother can claim. Declaration suit will file by mother but heavy court fees + lawyer fees.
In your mother life time, you have no claim her properties neither in your father`s.
Your grandfather had the property earned by himself and the property of his brother through his wife which became his wife after the death of his brother. Did your grandmother transferred her property to her 2nd husband ie your grandfather? If yes then the property should be divided first amongst your father's siblings. After that from your fathers share you shall get your share. Moreover the property which was transferred by your mother to your father cannot be claimed.
The only thing you can do is challenge the transfer on grounds of coercion and as she didn't know about this act.
Regards
Your mother can file proceedings under senior citizens Act for the same
1. it appears that your paternal grandfather had self acquired properties which on his demise went to his widow which she in turn would have transferred to your father. So this becomes the self acquired property of your father
2. secondly your mother inherited properties from her first deceased husband and also got certain land from her father under a Will
3. so the above are also the self acquired properties of your mother which she can deal in any manner she wants
4. then it appears that your mother on your father's insistence transferred these properties to your father which he sold and bought new ones.
5. now it all boils down to when these transfers took place and were such transfers effected under registered documents
6. as per law if a property is transferred by a registered document then any person claiming to have a beneficial interest in such property has to challenge such transfer in court within max 3 years from the date of registration
7. also it will have to be proved by the claimant that the transfer was effected under undue influence or misrepresentation or fraud or coercion for which he/she has to file a suit in a civil court claiming relief of cancellation of registration and declaration of such transfer as being null and void
8. your query is bereft of above details without which it is not possible to comment further
From your narration it can be understood that the properties mentioned by you, though inherited by your father from his mother or father, are his own and absolute properties.
These are not ancestral properties that you can make a claim on it for your legitimate share in it.
Since these properties become his own and absolute properties, neither you nor your siblings or mother can claim any share in it as a right at least not during his lifetime.
He can transfer the properties to anyone of his choice by any method for which he need not take anyone's consent or permission.
Since your mother had relinquished all her rights in the properties she had now she may not be able to do anything on it at this stage, at least not legally.
However you may consult a local advocate who may give some loophole ideas.
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In you ancestral property you do have shares in it.
If you can prove that you father had got property on his name by selling your grandfather property than you can have share in it and your mother too.
If he is not supporting to his wife i.e. Your mother, than she can file maintenance case against him under section 125 CrPC.
See in life of father you cannot claim anything from father as these properties are inherited or acquired they are not of ancestral nature. Further your mother though can challenge but it would be difficult to prove that she under pressure or coercion gave the property to her husband further she has relinquished right on her will so she cannot claim the property back.
FUrther mother can seek maintenance from husband if he is not keeping her good.
you cannot claim any share in said property during the lifetime of your father. once relinquishment deed executed then it cannot be revoked. your mother can file petition u/s 125crpc and claim for maintenance from your father.
1. You have no share on your father's or mother's properties till they are alive.
2. However, it appears that your father has managed to take away title of all the properties inherited or acquired by your mother nad got the title of the same transferred in his name.
3. Your only option is that your mother reclams her said properties taken away fro her by filing decklaratory suit alleging that she was coerced in to registering the title deeds for her said properties which should now be declared as her properties and the Registrar is required to be directed to cancel the registration of those title deeds.
4. After getting back the title of her properties, your mother can gift any part of the samke to you by registyering gift deed.
Dear
If the property is self acquired by your father then you can't claim the property in life time of your father but if he dies intestate you can claim the share as legal heir of your Father.
But as you are telling that your father has acquired and sell property of your mother to buy new property then your mother can file a maintenance Case for getting monthly maintenance from you father.
And she should file a declaration suit on your father for her left over land to transfer the title back to her name. On which he is telling that he will build house for your mom. Otherwise he will sell that land and you will get nothing from that either.
