• Legal right over mother's property by minor daughter

In 2010 after our marriage my wife got a peace of land from her father as a gift where we had built a 5 story building in 2019, now she wants to give away three story to her married sisters as gift without charging anything, Since said property is solely on her name and I am against the idea of giving away this way and we do have a 8 year daughter too. 
My question is do I have any right to stop this to happen from my side or on behalf of my daughter.
Asked 5 years ago in Property Law
Religion: Buddhist

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17 Answers

It is absolute property of your wife 

 

2) she is at liberty to execute gift deed in favour of her sister 

 

3) you or your daughter cannot raise any objections to execution of gift deed 

Ajay Sethi
Advocate, Mumbai
100060 Answers
8169 Consultations

The answer is No. 

Your wife is absolute owner of the property and she may do the way she wants as per section 14,15 and 16 of Hindu Succession Act 1956 and section 122 to 129 of Transfer of Property Act 1882.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes you can stop her.

Who paid the construction cost.

You yourself have some authority over the property of your father

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. The property received by your wife as gift from her father is considered to be her self acquired property. 

2. Therefore she is free to transfer it to anyone she si chooses. 

3. However if while building the house the expenses were provided by you then you have a share in the property. 

4. In that circumstances you have the option of claiming share by way of suit for partition. 

5. Seek injunction as well to restrain her from transferring in the meanwhile. 

6. It looks like she has been misled or influenced in doing this.  Therefore talk to her to convince about being fallen into trap of someone else at the cost of her own daughter. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

Only if you have contributed in construction of building otherwise she is sole owner and you and daughter have no claim or any say to hold her from gifting her property.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

She will have a share in her mothers property to the amount of her mothers share in the said property. 

Prashant Nayak
Advocate, Mumbai
34726 Answers
250 Consultations

Since your wife is the sole owner of the property,  she has every right to deal with the property in any manner whatsoever. You have no legal right to stop her.  However, you can only make a  request to gift a floor to  her daughter also.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Dear Sir,

Being the legal and natural guardian of the daughter, you may file a case of injunction in the district court of your area for restraining her mother from selling the property. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

1. In the first place, it's to be known that, whether it's your father-in-law's self acquired property or ancestral property.

2. We should also look into the narration in the Gift Deed to find out, whether it was a conditional gift deed or not?.

3.  If you have contributed your finance and time for building a 5-storied building, then you will have right to recover your investment and for that you have to bring Injunction from the competent court to stop the execution of Gift Deed till your investment is refunded to you.

4.  Being the owner of seperate property and having the characteristic of self acquired property, your wife will be within her right to have decided the property to be gifted to her sisters.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

- Since, your wife has got the said land from her father as a gift , then after getting the same it become her self acquired property , and then she is having her right to transfer any portion of the said property to anyone as per her own wishes , and none having right to claim during her life time , even your daughter. 

- Hence, during her life time your daughter cannot stop .

- However, if the construction of the said 5 story building was done from your fund , then you can raise issue against her wish , and stop her to transfer the same in her sisters name. 

- You can file a suit for Permanent Injunction for restraining her from transferring /gifting any portion of the said property to her sister without your consent . 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

Dear Sir,

It is the absolute property of your wife as such either you or your minor daughter cannot do any thing. But you have other options through your daughter to stop such gift saying father is not looking after her or have no any enough sources to educate her and as such charge to be created on such property towards her future maintenance etc., Law is  to be enlarged.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6249 Answers
502 Consultations

You have admitted that this proeprty being gifted to her by her father and now it is on her name as her own and absolute property, in the situation, neither you nor anyone has any rights over the property she decides to give away a portion of property to her sisters by executing a registered gift deed, neither you nor anyone can object to her desire and decision of transferring this share of property to a third person.

Please be aware of the law that the gift deed is executed without taking anything in return as consideration otherwise the gift deed would be invalid.

If you have funded for the development of the property and you possess any documentary evidence to prove the same, you can issue a legal notice to her to return your money or to give a share in the property, if she refuses then you can file an injunction suit as well as money recovery suit on the same basis.

 

 

T Kalaiselvan
Advocate, Vellore
90256 Answers
2510 Consultations

Your wife has absolute right on the property you or your daughter has no right on the same. You cannot stop her from gifting or selling or transferring property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. No you don't have any right to stop your wife from gifting her property to her sister.

2. You cannot even stop her on behalf of your daughter.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

she is absolute owner of said property, you and  your daughter don't have any rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

No she has full rights to dispose of the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, if could have provide the finance money at the time of constructing the building and has proof of all those amount or money given by you for constructing the building.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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