• Rights of stepfather in wife's property

I lost my father 19 years back.We got insurance claim from LIC along with accidental claim through court.We had purchased a house with that amount in the name of my mother.My mother got remarried after 1 years of my father's death.I have two more brothers.One is with my deceased father and other with my step father.
My step father is a lazy person with no work. In fact he has had never worked and married my mother just for the sake of money.He has always misbehaved with me,my brother and my mother.Its been 18 years of continuous sufferings.He even stolen my mother's jewellery twice which was purchased by my deceased father from his hard earned money.

I am working in an MNC,taking care of my household expense from my salary.There is no contribution from my step father.He just sit and eat.
We have a flat in the name of my mother purchased from LIC amount of my father.My mother wants to sell it out for the sake of my marriage and we have planned to purchase another house of lesser value so that the balance amount can be spent on wedding.Now my step father wants to get rid of us and wants us to pay him Rs 10-15 Lacs from the sale amount.As per him every husband has the share in the wife of the property.
My question-If a husband has never done something good for his wife,children and is responsible for the physical,mental abuse,Do he has the right to ask for money?This person had stolen money,jewellery multiple times from our house,just for the sake of our respect,we kept quiet.
He doesn't even care for his own 17 years son.I pay all his school,personal expenses.
The guy wants a stable life without working.What should we do.Is it our obligation to make my step father's life stable.We cant even throw him out from our house.Please help with your advice.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) husband has no share in wife property during her lifetime 

2) your mother does not need her husband consent to sell the flat 

3) your mother can file for divorce against your ate father on grounds of mental cruelty of she so desires 

4) your step father should work to meet his and his family expenses and not sponge on his wife and step children 
Ajay Sethi
Advocate, Mumbai
45613 Answers
2680 Consultations

5.0 on 5.0

Dear Querist
Legally your mother is the absolute owner of that property which was purchased in her name and your step father has no right over that property or any thing from you or your mother.

it will be better to sell the property and get the money and purchase another property as per your wish and will, nobody can restrain your mother to do that. if your step father cause or commit any violence then your mother may file a domestic violence compliant against him before magistrate court and get protection from the court for herself and for you and your brother under section 18 of Protection of Women from Domestic Violence Act-2005.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

As per Sec 14 of Hindu Succession Act,a female Hindu has absolute right over the property that she possesses and therefore she can dispose of the property in question the manner in which she desires .
2. Please consult a civil lawyer of your area, look for a buyer and arrange for sale of the flat ,which will get registered without any legal impediment. 
Sushil Jha
Advocate, Patna
260 Answers
2 Consultations

5.0 on 5.0

1. Regardless of whether a husband has done anything good or not for his wife he has no share in the property, movable or immovable, of his wife during her lifetime. Your mother is free to use and dispose her money in the manner she desires.

2. You can throw him out by filing a suit for eviction against him in the civil court. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Dear Concerned,

This person/your step father is trying to just extract money out of you. He cannot claim any share from the sale of this house. Hence, go ahead sell the house, take all the amount in cheque and get the money in your mother's account which she can gift (entire money) to you, once the same is done, obviously your step father cannot claim any money from you.

Best of Luck..Stay Blessed.
Atulay Nehra
Advocate, Noida
1017 Answers
34 Consultations

4.7 on 5.0

Not only your step father but also your own father if he  was alive have no rights in your mother's property or wealth.
Your step father cannot claim anything from your mother as a right nor he has any right as a husband.
Mater of fact, he had to maintain the entire family whereas he is into such high handed criminal designs.
Let him approach court also, nothing is maintainable. 
T Kalaiselvan
Advocate, Vellore
35788 Answers
389 Consultations

5.0 on 5.0

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