Wife right to live in husband's property
I am asking this question on behalf of my mother. My father want to sell the properties, which includes the house in which we lived and another property , which was originally my mother's ancestral property (documents show that it is purchased).
My mother is 57 years old, and a home maker. My father was working in Tata Oil Mills and his income was between Rs 400 to 5000 during his span of work life. He took voluntary retirement at the age of 40 and was not earning for 20 years.
The land for the first house was bought using my mother's jewellery but we don't have nay proof for the same. The loan for the house was subsequently paid off using my fathers salary.
During his years of non -employment, my brother used to send lump sum amounts on a monthly basis. Using those amount: the house was renovated, daily expenses were met , education expenses of myself and my sister were met and the debt accrued due to the purchasing of the second house was cleared. Also my father joined KSFE (Kerala State Finance Enterprises) Chit funds, the monthly contribution for which are still being paid by unmarried sister, though the prinicipal amount was taken by my father through auction.
We already got a temporary injunction against my father alienating the properties. But he has challenged that saying, he needs to sell the properties for his livelihood and he is having huge debts at KSFE. He also maintains that he financed the education of two daughters (Including me) and none has the right to claim his property.
We have the western union receipts showing transfer of funds to my fathers name by my brother. Also when HDFC financed the house, it was not in the current form. A lot of renovation had been done after my brother went abroad.Also my father's retirement money was Rs 450000/- using which he maintains that be bought the second house on his won , looked after the family, financed the education of children, paid off the debts and much more in his 20 years of unemployment.
My father had some mental illness back in 1990s for which he was treated. Still we don't have proof for the same. Being into gambling he lost almost half of his retirement income in stock trading as well. Now he has also registered a complaint for maintenance from all of us. Both the properties are registered in his name, he is living in one house and renting out the other one.
Because of the continuous physical and mental harassment, my mother moved into a rented apartment with my sister. My mother also suffered a permanent disability of 60% on both hands while riding the pillion with my father and in that accident my father surprising received no injuries.
We ran from pillar from post but as my father's sister hold cult among the authorities no one pays heed to our side of story.
Kindly advise if there are provisions which would prevent my father from alienating the properties and pushing my mother into destitution. My mother is married to my father for 30 years and not thinking of divorce.
I really appreciate you reading this message and looking forward to your reply.