Is there way to stop my father from selling his property
My father has illicit relationship and i filed a complaint under section 502,3,7. his monthly salary is 38000 rupees. is there any possible way to stop him from selling his property? can i claim my share in his property as long as he is alive. if a file a case for maintenance in court then will that be solely based on his salary? my age is 22 and i am a student. since he is in a semi government job can we have claim our share in his provident fund? can his insurance policies, mediclaim policies, fixed deposits be blocked?
Asked 3 years ago in Family Law from Faridabad, Haryana
1) no you cannot stop father from selling his self acquired property .
2) you cannot claim any share in his property .
3) you cant block his provident fund , fixed deposits etc
4) your mother can file DV case . obtain injunction restraining him from selling matrimonial home and claim maintenance and other reliefs
If it is an ancestral property you can stop your father from selling the propery and if it is his self acquired property you can not claim any share. PF can not be claimed by his legal heirs when he is alive and it is his right during his life time over the PF money which would have been accumulated in his account by virtue of his service as an employee. Regarding FDs & Insurance policies, if it is in his name, the maturity amount during his life time will be paid to him only. However if the person dies during the subsistence of FD/ and or Insurance policies, then the proceeds are payable to his legal heirs. On the other hand your mother has got the right to restrain him from selling the matrimonial home by obtaining injunction from court by filing DV case against him and can claim reliefs like maintenance, compensation, right to stay in matrimonial home or an alternative accommodation. You are also entitled for maintenance & stay in your father's home.
It is perhaps repeated question which has already been responded to. Any how, you can not stop him from selling his properties if acquired by him from his own sources but your mother can do it under DV Act but if the same are ancestral then you can ask for your share and also seek injunction from alienation.You can claim maintenance under section 125 cr pc and your mother under DV Act. Insurance policies, etc. can not be blocked .
Advocate, New Delhi
From what you have stated, the answer to your question is in the negative. No. Assuming that the property you are talking about is his self acquired property, you can not stop him from selling his properties for the reason of he having illicit relationship.
1.The answer to all your questions is in negative. I assume that the property is his self acquired property, in which event he is the sole owner of the property with which he can deal in the manner he desires. He can sell or gift the property at his sweet will to any one. You can neither claim a share in it nor stop him from selling the property.
2. You cannot claim a share in his movable assets such as mediclaim policies, provident fund, etc. No court can block his investments.
3. Since your father has an illicit relationship with another woman your mother can seek a stay order against the sale of properties by him. In addition thereto she can also file for divorce and seek compensation for the abuse, if any, suffered by her at the hands of your father.
1. Your mother and/or yourself shall have no claim on his self earned property, both moveable and immoveable, during his lifetime. He can do whatever he legally wishes to with his said property,
2. Your mother can claim maintenance for herself and her minor children,
3. The amount of maintenance will be decided by the Court which normally is 1/3rd of his monthly earnings.