Husband's share in wife's property
Dear Sir, I am married and have one kid , live with my mom and dad in the same house, which is in my mother’s name. But here my father is trying to force mom to sell this property. But we don't want it to be sell even my mum won't happy with my father's decision. But my father threatening my mom and us that he will go to High court and case a file against us that we are not agree with him and ignoring him in our family, but which is not true. He wants to sell the property to promoter and take all the money, because he needs money. He will not give anything to mom and us. He always tells that he is building this house, now it will be his decision to sell it. We agree that, he is building this house but if he sell this house then where will we go, even my mom also. Every assets in our life is taken by my father. Now this is the last one we have and we don’t want to let it go even my mum also.
Please suggest us, what is his and our right’s on this property and how we can prevent him to sell this house.
Also for your information, I have one sister and she is married and happily living. Me and my sister are also in same path on this.
Asked in Property Law from Kolkata, West Bengal
1 . Your father can't sell the property as long as your mother is not willing. Husband has no share in the property of his wife.
2. He can't even file any case for harassment against any of you.
3. On the contrary your mother can file case against her husband for harassment under pwdv act.
4. Ask your mother to lodge a complaint in local police which would work as detterent against further act of your father.
1) your mother is absolute owner of property she cant be forced by your father to sell the house
2) your mother can file domestic violence case against her husband and seek a protection order
3) she can also file police complaint against your father for criminal intimidation under section 506 of IPC
If the property is standing on your mother's name, it becomes her own and absolute property. Nobody, including your father or yourself or your sisters can claim a right to a share in the property during her life time. She can sell the property, she can transfer the property to anyone of her choice, she can even gift her property to the person of her choice, she can execute a will bequeathing the property in favor of the beneficiary named in the will'
For all the above actions, she need not obtain any consent or permission for any of the people around her or elsewhere in the world.
Let your father tell anything, if he is going on in excess, you may issue a warning to him that he can booked for issuing threats and for criminal intimidation offences.
1. He cannot file any case to force your mother to sell her property.
2. Nobody except your mother has the right to decide whether to sell the property or not. No court can order her to sell it.
1. If the property is in your mother's name then she is it's absolute owner,
2. Your father can not sell her property without he consent of your mother,
3. Your father is not expected to get any favourable order even if he goes to court since there is no merit in his case,
A. Your mother is the absolute owner of the property still her lifetime and your father don't have any right over the mother property.
B. However,only your father can claim respective property right if your mother died without intestate and all children also will have equal share over the property.
1. first you should file civil suit for temporary injunction under order 39 of cpc and prevent him to interfere in the title of the property and attempt to sell it.
2. prepare a WILL and transfer it to any person upon whom she has belief and secure this property.
3. if your father wants to sell it he will not do so because he needs to challenge WILL and injunction simultaneously and it will take many years to decide because " balance of convenience" is in your favour. Pari deluctum shall not be applied in this case.