• Step mom tries send majority of properties to her only daughter

1. I'm the only son sandwiched between 2 sisters born to my deceased mother in my 5th year (I'm 47 now).
2. My (step)mom has been very unfair to my sisters among whom 1 of them who is married and never employed
3. Our properties include 1. A 2-level house (my dads name) 2. A 333 sqyd land in the same metro city 3. A 20 acre dry land (my step moms name) in a village 250 km rural interior and 4. A 7.2 acre agricultural land (dads name except 1 acre in moms name)
4. My mom sold away property #2 (city house site) listed above unilaterally on which I had my dad file a law suit citing that the name on the property is fiduciary but she sold it without my dads consent.
5. My moms planning to sell the rest of the properties, mainly 20 acre dry land in the same manner she sold the city site.
6. I have been sending money from US to my parents by 2015 the money added up to 50 laks of rupees

What protection does the law provide 1) so that she obtains my dads permission before doing so (I'm hoping my dad does not allow such irresponsible selling given my sisters bad shape) 2) my sisters who are victims of her ill-treatment re claims on the listed properties
Asked 2 months ago in Civil Law from Visakhapatnam, Andhra Pradesh
1) what is the source of funds for purchase of those properties? 

2) is your step mother working? did she buy properties from her savings?

3) if your father invested money for purchase of properties in mother name then your father can file suit that said properties bought in step mother name for benefit of joint family 

4) seek an injunction restraining sale of the properties by the step mother 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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1. Your step-mom is free to sell her self acquired properties but she cannot sell those which are registered in your father's favour as on the intestate demise of your father his heirs i.e widow and children succeeded to all his properties. If she attempts to sell the properties of your father then you may file a suit for injunction to restrain her from doing so. 

2. A suit for cancellation of the sale deed can be filed in respect of the properties of your father sold by your step-mother.

3. The title to a property originates and thereafter flows from the sale deed. It is immaterial who paid the sale consideration to the seller 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) burden of proof is on your father to prove that he had financed purchase of property 

2) bank statement would help in proving that your father had issued cheques for purchase of property 

3) you can challenge the unequal distribution of property by step mother 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
it should be your case that property bought in step mother name for benefit of joint family 

2) in case step mother gifts property to her daughter you have to  file suit to set aside gift deed and claim your share in property . 

3) you can seek injunction restraining step mother from alienating property bought in her name . 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1.  If your step mother has sold properties of your father with out his consent then your father should file a suit against her for selling those properties illegally praying for cancellation of the said sale deeds registered before the Registrar.

2. If the properties which stands in the name of your mother were purchased from the funds provided by your father, then your father should also file a declaratory suit praying for the declaration that those properties are actually owned by your father since he had provided for the funds to pay the consideration while buying the said properties by your step mother.

3. You can not claim the money you have sent to your father voluntarily for his maintenance and use without putting any condition thereupon.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Your father should file the declaratory suit as advised in my earlier post and simultaneously file a petition praying for a stay order restraining the present occupiers in dealing with the said properties.

2. Yes, your father can easily prove with evidence that he had paid for the consideration by issuing cheques and also that your step mother had no income.

3. The title holder of the properties are entitled to deal with their properties they way they like for which they won't have to forward any explanation to any body.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. If the properties are owned by your step mother then she can deal with those properties in any way she feels like for which you can not complaint.. You shall have to challenge her title of the properties to nullify her gift deed of those properties to her own daughters which can not be challenged before the Court as per law

2. Before injunction petition, there shall have to be a basic suit against your step mother and you or your father can file a declaratory suit as advised in my earlier post.

3. Certainly your father has claim on the title of the property since it has been constructed out of the fund provided from his accounts.

4. You can file the above advised declaratory suit and related injunction petition restraining your step mother in dealing with those properties till disposal of the said suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Section 9 CPC and Order 39 CPC.
2. Injunction cannot be issued to prevent one from disposing or settling his self acquired or separate properties.
3. If you have evidence of your father and your contribution to the construction of building then you may file a suit for declaration of your title, apart from seeking injunction to restrain the sale thereof.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
What protection does the law provide 1) so that she obtains my dads permission before doing so (I'm hoping my dad does not allow such irresponsible selling given my sisters bad shape) 2) my sisters who are victims of her ill-treatment re claims on the listed properties

If the properties on her name has been sold by her, you cannot stop it or prevent her from selling the same.
In fact your father only has to fight a case and you cannot.
In what way your sisters acquire rights i her properties
If your father want to give away his property to your sisters, nothing stops him from him doing so, she cannot object to it.
You ask your father to consult a good lawyer and proceed as per law.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. What sections are used for fighting "biased distribution from stepmom"

She is not forbidden by law to dispose her own property in the manner she may choose, you cannot object to it.






2. Does "injunction" suit also prevent biased distribution (such as gifting all to her biological grandson) within family?

Injunction suit against her own property is not maintainable.




3. If my father used his funds or mine to construct building in the said land - do father  or i have any claim restricting sale or family distribution against our will?

The property standing on her name shall be her own property and this reason cannot restrict her from alienating the same.




4. My father is suffering from a chronic disease -- Parkinson's d. I plan to treat him in the United States with an expensive surgery (around $50,000 or 20 laks). Can I seek injunction in the courts seeking protection of movement of any their joint assets to fund the treatment

Your Father only can file a petition seeking injunction agaisnt his own properties.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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