• My father's live-in partner is trying to transfer properties in her name

My Father is in live-in relationship for 20 years and still legally married to my mother. He is now asking for Divorce. My fear is that is because he wants to give all the properties of my grandfather to her. He has 4 properties in his name, 1 is self acquired and 3 are passed from my grandfather/ grandmother. And has already transferred 2 properties to give her 50% share. He has no kids with the live-in partner, while me and my siblings are 3. 
I want to challenge how he could have transferred my grandfathers property to the live-in partner without our permission and also to ensure that he does not transfer anything else to her. But I don't know my rights.
Asked 3 months ago in Family Law
Religion: Hindu

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27 Answers

He may give his self acquired property to anybody but he has no right over the ancestral property and you should file a partition suit against him so that you get your share. Even if he has sold the property without the coparceners consent the sale deed of that property can be cancelled. That transfer is illegal.

File a suit for permanent injunction and cancellation of the gift deed.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

He can't transfer the same if the said property is ancestral. He can only share the same with live in partner if it's self acquired. You can file the suit for cancellation of the said transfer in the said case

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Is it self acquired property of your grand father 

 

2) on grand father demise if your father inherited those properties it is not ancestral property 

 

3) your father is at liberty to sell , gift the properties during his lifetime 

 

4) your mother should refuse to give him divorce unless he secures your mother financially 

 

5) your mother should ask your father to transfer 2 properties in her name and that of children then only will she grant him divorce 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Legally speaking,  the self acquired property as well as the property inherited from his parents as his share to your father shall be his own and absolute property,  in which he has full rights to alienate or transfer the same to anyone of his choice as per his desire and decision. 

Neither you nor your siblings or your mother can claim any share out of it as a right at least not during his lifetime. 

No case would be maintainable even if you file one against him on any misguidance. 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. See the nature of the property has to be seen if the property received from grand father is not ancestral or joint property you have no share in the same and he may freely transfer the same to whomsoever he wishes to.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Dear Ma'am/Sir,

A property inherited from Grandfather and Grandmother is legally recognized under the category of self acquired property of your father. 

It is not known as Ancestral Property. An ancestral property is one which is running from atleast 4 generations. You may trace the origin of those 3 properties if you are not sure about them.

You and your mother do not have any right in those properties as long as he is alive. During his lifetime he can transfer that property to anyone he wishes. 

The only option right now is that your mother can ask him to give mutual consent divorce on the condition of giving her share in his properties. Or alternatively, file for a contested divorce and obtain alimony from the court. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

1. In the ancestral property both sons and daughters have equal rights with their father. It appears he has 3 children. 

2. So on other words your father has only 1/4th share in his ancestral property and any transfers beyond his due share is liable to be successfully challenged before the court. 

3. So to get back your share and to restraint him from repeating the same file a suit for declaration, injunction, setting aside the previous deeds and for partition of ancestral property by metes and bound.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

As per the Indian Succession Act, You & your siblings have rights in the property. So the distribution of the share will be 25% each including father + 3 siblings. So first of all you can apply for partition deed in the court for ancestral property and take your share. now then 50% is transferred from father's share to her will be 12.5% and 12.5% of your mother & children.

As of ow till he is alive you can't claim on his self owned property.  he make WILL or GIFT deed.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

File a Suit for Partition.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. Mother & Children's (Both) can prefer to file for "Restraining Order" in the local Civil Court on both (Father & his Live-in-Partner) against using or alienating or disposing off any or all of the property in any manner whatsoever.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against Father's Live-in-Partner, supported with all relevant supporting Documents, Evidences & Witnesses.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

 

 

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

1. He is free to give all his properties to anyone he desires during his lifetime. There are no fetters on his right to do so.

2. None of his legal heirs has any share in his properties during his lifetime.

3. The property which a person inherits from his father becomes his separate property which is at par with self acquired property and thus it can be alienated by him in the same manner as self acquired property.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Hello,

  1. He can not alienate the ancestral properties to anyone else other than the legal heirs, which in your case include you, your mother and siblings. However, the all important question is if the properties that he transferred in favour of his live-in partner are in fact ancestral in nature. One of the qualifiers for a property to be ancestral is that it must be handed down 4 generations undivided.
  2. What you can do, however, is to file a civil suit in the place where the properties are situated on behalf of your mother and all you siblings seeking a partition of the properties and get an injunction against properties being alienated by your father without your knowledge.
  3. In case your mother wants to allow for the divorce to happen, which she can allow, now with conditions of the properties being transferred in proportions to her and you the children from her marriage with your father. You need to engage a lawyer to assist you.

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

Hi 

1) You should file a suit for partition of properties vide Order 7 Rule 26 CPC and claim your rights. 

2) A live in partner does not have any legal right over the properties inherited by your father from his grand father. 

3) So, technically you should ask for partition of all 4 properties (including the self acquired as the seed/ nucleus of self acquired property must have been derived from ancestral property) and also seek cancellation of any conveyance deed executed by your father. 

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2051 Answers
374 Consultations

5.0 on 5.0

Appears that your grandfather dies without leaving behind a will. 

As the properties inherited by your father from your deceased deceased grandfather would be treated as a personal property your father since he inherited the same; no one else has any right to claim any share in the same property. Your father can do anything with this property that he has inherited from his father during his lifetime. 

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

1. if the properties which stood in the name of your GF were his self acquired properties,then after his demise, they would devolve on his legal heirs who are his widow and children

2. however if those properties were ancestral properties [that is, your GF inherited them from his father] then they would considered as ancestral or HUF property and your father could deal with only his interest or share in such properties and not the entire property

3. as regards your father's own self acquired properties, till the time he is alive, he can do whatever he wishes with them and his presumptive legal heirs [for instance his children] cannot object

4. so you need to check whether the properties of your GF were either his self acquired properties or inherited by him from his ancestor. If the latter is true then you as a coparcenor can challenge any transfer made by your father without consent of other coparcenors

Yusuf Rampurawala
Advocate, Mumbai
5757 Answers
35 Consultations

5.0 on 5.0

As it is ancestral property and you are one of the legal heir who is entitled to a share.  You can challenge the transaction .

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

No hold on his self acquired property.

And about inherited property ! through what mode your father acquired those proprieties ? through Will or intestate succession.

If intestate succession and any of the sibling have a child i.e. 4th generation than can obtain stay from court. IF no 4th generation born yet than you have no authority/right. 

You along with other siblings will acquire right with on the birth of 4th generation. Great Grand Child.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Absolute owner of the property has every right to alienate/ sale /gift to anybody as per his wish. As per your query it is seen that your father is the absolute owner of the property. The property does not come under the head ancestral property.

Your mother can claim his property upon certain limits. If your father sold her gold ornaments or cash received at the time of marriage then she can claim the same from him. In such case she will file a case for return of money and gold ornaments and attachment petition also filed along the original petition. This is only a short cut method for restrain from selling the property.

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

Dear Sir/madam,

You are suggested to file the injunction suit against your father and also your mother can file the case of bigamy. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

- Without getting divorce from his legal wife , he cannot marry with lady , and cannot shared her in his property. 

- Further , the properties are not purchased by him from his owned fund , then he cannot give any share of the property of your grandfather to her, and being the son you are also having a right to ask for share as well. 

- Further, he can transfer his self acquired property to her. 

- Your mother should refuse to give him divorce ,and further can file different type of case against her husband legally , like maintenance case etc, and thereby ask for heavy amount from him .

- You siblings can also file a partition suit after consulting a local lawyer .

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Yes, you have all rights in the inherited property which belongs to yours grand father/ grand mother. You can also file cancellation a document by which the property has been transferred to the lady with whom your father is in live-in-relationship. However, you and your sibling dont have any right over the property which was earned by your father until your father transfer that property against your name & your sibling's name or unfortunately, he died without transferring that property to anyone.

In my opinion, you must file a suit for cancellation of the document by which the property of your grandmother/father was transferred without your permissions.

    

Ashish Pandey
Advocate, New Delhi
21 Answers

Not rated

File a suit for partition  . 

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

With regard to your father's self acquired property, he can deal with it as he likes.

Properties received from his father, you have right on his demise.

Best option is that, your mother should not give divorce to him.  If he insists, demand him to settle the properties in your favor and secure your future.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

1. Your grandfather's property is not the ancestral property for you as per law for claiming share thereupon.

2. Your mother can file maintenance application and also file an application praying for a direction upon him not to sell his properties which will stand as sureties for paying you the maintenance by selling those properties or by letting those properties in case he fails to pay her the maintenance amount awarded by the Court 

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

As a absolute owner your father can transfer said properties to anyone without consent of any heirs. during his lifetime. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

During the lifetime of your father your mother cannot claim any ancestral property however she is eligible to claim the maintenance from the father live in relationship with any other lady have no effect in this case and your father cannot transfer any of the properties which is of ancestral nature and you can definitely get the injection in this regard.

In case any property of nature has been transferred by your father you can file a case for cancellation of that transfer and to prevent any further transfer you have to file a partition suit in civil court during your father's life time you get your fair as you are the theory holder in the property. Because of the partition suit there will be stay on any transfer of the property and he will not be able to sell the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

You cannot stop your father from transferring properties to anyone if properties are on his name.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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