One of my relative is addicted to alcohol. he is married and has two minor children. There is family unrest and dispute between husband and wife.he has inherited ancestral property. Being in drunken state, he is gradually behaving unreasonable. now (as a sort of revenge) he wants to run away to marry another woman and have children and pass on his property to them. In this circumstance, 1) what right the family has to stop/prevent him doing any acts against the welfare of family/ children. 2) if he really has/gets no. of illegitimate children, what is the fate of present legitimate children 3) can the minor children has any property rights 4) Can the family stop him to do any property transactions. Thank you.
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1) wife can file domestic violence case against husband and seek injunction restraining husband from creating third party rights on the house
2) seek maintenance for herself and the children
3) if father has illegitimate children they would have equal share in father property
4) court would grant stay against husband selling off his property in DV case
1. It has to be seen whether the property is ancestral in only his hands or also the hands of his children. If and only if it is ancestral in the hands of his children then their mother can file a suit for injunction to prevent him from selling the share of his minor children. To sell the share of minor the permission of court is required.
2. If he remarries without obtaining divorce then he will be liable to be prosecuted for the offence of bigamy.
Hi, legitimates children have the rights over the ancestral property of the father but illegitimate children can claim the share in the property of the father only after the death of the father.
2. During the life time of the father they can't claim share in the property.
Thanks for the kind response. 498a, dv cases filed by wife and withdrawn. They made him more adamant, addicted, distanced from family. There is no violence except irresponsible spending and wilful behaviour. Our efforts are to protect family and secure children future. 1) does he has absolute right over ancestral property inherited by him, till his death. Can he spend till last rupee. 2) is there any legal remedy for his minor children to claim property rights in his life time. Thanks.
kindly clarify on what basis you say property is ancestral
2)merely because husband inherited property on father demise would not make it ancestral
3) property which has remained undivided for four generations would be ancestral property.
4) husband does not have absolute rights over ancestral property
1. The coparceners have the right to file a suit for partition to cull out their share in ancestral property. During the lifetime of father the son cannot file a suit for partition to cull out his share in the ancestral property in some states.
2. As I said, it has to be seen whether the property is ancestral in the hands of minor children. If the answer to this question is in affirmative, the mother of minor children can file a suit for partition for and on behalf of them to cull out their share.
) what right the family has to stop/prevent him doing any acts against the welfare of family/ children.
Nobody can legally stop him from indulging into any such illegal act or undesirable act, but can give complaints against him for his unruly behavior and assaults if any with the police and refusal to maintain the family seeking maintenance through court of law.
2) if he really has/gets no. of illegitimate children, what is the fate of present legitimate children
There is no answer for this. Even if he is into an illicit relationship with any other female other than his wife the children born out of such relation are not called illegitimate, they are his biological and legitimate children.
3) can the minor children has any property rights
They do not have any rights in his self acquired property
4) Can the family stop him to do any property transactions
His wife can file an injunction sit restraining him from selling his property in order to create charge on it for his failure to maintain them or give money for their maintenance or sustenance.
1) does he has absolute right over ancestral property inherited by him, till his death. Can he spend till last rupee.
If the property is really ancestral in nature in he legal sense, then his children have a share in it and his wife can file a suit for partition seeking partition and separate possession of the share of her minor children as the children's next friend and guardian.
2) is there any legal remedy for his minor children to claim property rights in his life time.
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