Ask father to execute registered gift deed in favour of mother
Joint family property
My dad has bought an apartment which he co owns with my mom who is a homemaker . I have invested around 50 lakhs in it for furniture and interior purposes. Recently I suspect that he might be having a long term affair and might be having a child from it . I am not sure but I fear that if it’s true this might raise claim on this property from them and thus I am not sure how can I protect my house and the money that I invested
Asked 13 days ago in Property Law
Religion: Hindu
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5 Answers
The property is jointly owned by your parents hence the concubine or her wards cannot claim any rights in this property at least not during the lifetime of your father.
in the meantime you may talk to your parents and get a registered settlement deed executed in your favor with the condition that they will be entitled to life interest and the property will come to you only after their lifetime.
This may protect your interests for now.
Convince your parents to execute a registered Gift Deed in your favour in the jurisdictional Sub Registrar's Office, thereby protecting your right over the property and the money invested by you.
- If the said property in the joint names of your father and mother , then both will have equal right over the said property.
- Your mother can force your father to execute a registered gift deed for the 50% share in her name to make her single owner of the property.
- However, it is correct that if there is child from the said affairs then the child may claim right over the share of your father after his demise.
- Further, if your father is not ready to give his share to your mother , then your mother can file a complaint against him under the provision of DV act..
Dear Client,
Since your father owns an apartment along with your mother, both of them share the ownership as well as responsibilities of the property. In order to ensure you have adequate protection of the ₹ 50 lakhs invested in furniture and interior work, it is advisable to draw the co-ownership agreement regulating rights and use of property, as well as the methods and procedures of solving the arising disputes. If you have reasons to believe that your father’s affair may lead to property claims, then the best thing to do is to ensure you file a partition suit in the civil court. It is also advised to consult a lawyer who has expertise in Property law. The statutes that can be applied in this case are the Hindu Succession Act of 1956 the Indian Contract Act of 1872 and the Transfer of Property Act of 1882. Such precautionary measures have been explained above and will coordinate to safeguard your interest in the property.
Hope you find this answer beneficial for resolving the dispute.
