file for divorce on grounds of mental cruelty and adultery
2) make lady co respondent in divorce case
3) mother can seek interim maintenance from her husband and also alimony
4) she is at liberty to sell the land
Father is not allowing my mother to sell his gifted property
We use to live in a city together as a family . One day as my grandmother is not doing well my father left job and went to village saying that he want to look after his mother . My mother agreed she took care of us and our college fees. And also my mother use to send money to my father. My father decided to sell a part in his 2 acers which is in mortgage to clear the loans and requested my mother to take a gold loan to clear the mortgage so we can sell land My mother was okay she paid for mortgage to the person and released land. My father then sold the land and also gifted small area of agriculture land to my mother. Everything was fine but one day my mom suddenly visited my father house in village and found a lady their. She was heartbroken. When we asked my father he said she is just nurse for my grandmother but we know it's not by her body language , also she was using our father phone and her closeness with him. We are back to city and stopped talking to him. He also didn't try to talk. After 2 years .we got to know grandmother was passed away and also he sold most of the land left with 1/2 acre which is in mortgage my mother decided to ask for divorce and sale gifted property to clear loans. My father said he will not give divorce and if she want then she should give back gifted property to him. (Or ) accept him back which my mother doesn't want to as he is a cheater and betrayed my mother. He is even sending back the people who comes to buy the land.Not allowing us to sell it. People are being afraid to buy it because of family issues We are 2 daughters( my sister is minor going to enter 18 in a month) and didn't receive any property from our father neither We are in a Situation where selling land is very important for us financially. We are struck at a point wheather to file a case for divorces (or) on gifted property Please guide us how can we proceed with court case to get justice
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
Your mother can file a contested divorce case on the grounds of cruelty, adultery and desertion.
She can very well sell the property that is lying on her name.
If your father is interfering in the sale process, she can file a suit for permanent injunction against him to restrain him from interfering in her possession and enjoyment of the property and also to restrain him from creating any obstruction to the sale of property.
According to the Hindu Marriage Act, 1955, you can file for divorce on two grounds: mutual consent or contested divorce. Mutual consent divorce is when both spouses agree to end their marriage amicably and settle all the issues related to alimony, child custody, and property division. Contested divorce is when one spouse files for divorce without the consent of the other spouse on certain grounds such as cruelty, adultery, desertion, conversion, mental disorder, etc.
If your mother wants to file for a contested divorce, she will have to prove the ground on which she is seeking divorce in the court. She will also have to hire a lawyer who can represent her case and guide her through the legal process. The procedure of contested divorce may vary depending on the location and the court where the petition is filed. Generally, it involves the following steps:
- Filing of a petition: The spouse who wants to file for divorce has to prepare a petition stating the facts and grounds of the case. The petition has to be filed in the family court or district court where the spouses last resided together or where the marriage was solemnized.
- Service of notice: The court will issue a notice to the other spouse along with a copy of the petition. The other spouse has to file a written statement in response to the petition within a specified time limit.
- Framing of issues: The court will examine the petition and the written statement and frame the issues that need to be decided in the case. The issues may relate to the grounds of divorce, alimony, child custody, property division, etc.
- Evidence and cross-examination: Both spouses have to submit their evidence and documents to support their claims and allegations. They also have to cross-examine each other and their witnesses in the court.
- Arguments and judgment: After the completion of evidence and cross-examination, both spouses have to present their arguments before the judge. The judge will then pass a judgment granting or dismissing the divorce petition.
The duration of a contested divorce may vary depending on the complexity of the case and the pendency of cases in the court. It may take anywhere from six months to several years for a contested divorce to be finalized.
If your mother wants to sell the gifted property that your father gave her, she will have to prove that she has a valid title over it. A gift deed is a legal document that describes the voluntary transfer of a property from a donor (owner of the property) to a donee (receiver of gift) without any monetary favor in return. The donor should not be insolvent and should not use this as a tool for evasion of tax and illegal gains.
Registering a gift deed with the sub-registrar is mandatory under the laws in India (Section 17 of the Registration Act, 1908 and Section 123 of the Transfer of Property Act.) If this is not done, the transfer will be invalid. Once a gift deed is registered, only then the change in the title of ownership of property is possible.
If your father is not allowing your mother to sell the gifted property, he may be challenging the validity of the gift deed or claiming that he has revoked it. A gift deed can be revoked by mutual consent of both parties or by rescinding it in a court of law on certain grounds such as fraud, coercion, undue influence, mistake, etc.
Your mother may have to file a suit for declaration and injunction in a civil court to assert her right over the gifted property and restrain your father from interfering with it. She will have to produce the registered gift deed and other documents to prove her title over it. She will also have to hire a lawyer who can represent her case and guide her through the legal process.
The procedure of filing a suit for declaration and injunction may vary depending on the location and the court where it is filed. Generally, it involves the following steps:
- Filing of plaint: The plaintiff (your mother) has to prepare a plaint stating the facts and relief sought in the case. The plaint has to be filed in the civil court having jurisdiction over the matter along with court fees and other documents.
- Service of summons: The court will issue summons to the defendant (your father) along with a copy of plaint. The defendant has to file a written statement in response to plaint within a specified time limit.
- Framing of issues: The court will examine plaint and written statement and frame issues that need to be decided in case. The issues may relate to validity of gift deed, title over property, revocation of gift deed etc.
- Evidence and cross-examination: Both parties have to submit their evidence and documents to support their claims and allegations. They also have cross-examine each other and their witnesses in court.
- Arguments and judgment: After completion of evidence and cross-examination, both parties have to present their arguments before judge. The judge will then pass a judgment granting or dismissing the suit.
The duration of a suit for declaration and injunction may vary depending on the complexity of the case and the pendency of cases in the court. It may take anywhere from six months to several years for a suit to be finalized.
I hope this information helps you understand the legal options available to you and your mother.
Complain to police that he is trying to encroach her property and threatens prospective buyers. Apply for diovrce in your city.
- If the said gift deed is registered , then your father cannot reevoke /cancel the same without getting a court order.
- Further, being the legal owner by way of gift deed , your mother has her right to sell the same without the consent of your father.
- Further, if your father is creating trouble , then your mother can file a complaint before the magistrate under the provision of domestic violence act , and she can claim maintenance and residential right amounts as well.
- Further, if she wanted divorce from him , then at the time of proceeding of the case she can also demand alimony from him .
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Madam,
You are first suggested to serve a legal notice and if the things are not settled through this, then file both the case of divorce and also sell the property.
