• Don't want to sell property

My dad has made property by himself but  lost money and might have lost house in gambling.My mother saved by selling her ornaments.my dad has stopped giving maintenance since last 10 yrs.i am staying in thr house with my son being divorced.my dad wants to sell the house.can my mother put a stay.my dad is 77 (ex government employee) my mom is 70 (homemaker).he is being ordered to give family pension after my mother put up a case.he abuses me and my mother everyday.we also got a notice from municipal corporation to vacant or repair the house as its very old.ceilings of room has fallen.
Asked 7 months ago in Civil Law from Ahmedabad, Gujarat
1) your mother can file DV case and seek injunction restraining her husband from selling the house as it is her matrimonial home 

2) court would grant her stay as she has right to stay in her matrimonial home 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) she should reside  in house and seek stay order against sale  of said house 

2) also to direct husband to carry out necessary repairs of the house 

3) daughters have right to claim maintenance from father 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
The title holder of a property is at liberty to sell but his liberty is subject to his social and legal obligations. Your father is legally obligated to provide a residence to his wife who is now in the evening of his life Your mother can thus file a case for domestic violence to seek injunction to restrain him from selling the property lest her right to reside in her matrimonial home is defeated. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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1.Your mother has no right of share in the property though she can claim provision for residence by filing case under PWDV Act.
2.During the lifetime of your father his daughter have got no share in the property.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1. Let her file a police complaint against your father alleging that he is trying to evict her from the house for selling the same,

2. After that she should apply for an injunction restraining your father to evict you or trying to seel the property without providing or arranging an accommodation for your mother,

3. Once restrained by the Court, your father will not be able to sell it of,

4. Your father shall have to repair the property since it has become dilapidated. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The house belongs to your father and he can sell it of without taking any of your consent,

2. Your mother can take an injunction on its sale only on the ground that she is staying there and it should not be sold unless an accommodation for her is arranged by your father,

3.After the demise of your father, intestate, both uour mother and you shall equally inherit  his property.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
This is your father's self acquired property, your mother cannot claim any right in it during your father's lifetime.
If she has sold her jewels for redeeming the property on loan, it cannot create a platform for her to claim a share on it, she had done this on her own interest to live there.
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0
She had filed a case for family pension and she got.can she file for stay order though she might not stay in the house as requires lot of repairing.what will happen to the house in her absence.will 2 daughters get anything ?.also in case of my dad absence what can be done to the house?

She can file a domestic violence case for the relief of residential rights or even in the Hindu marriage act itself for the same and can obtain stay order.  After obtaining the stay order, let she remain in the house for a while until the renovation work begins. 
The children of your father cannot claim any share in the house property during his lifetime. 
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0

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