Procedure

kamal (Querist) 24 July 2016 This query is : Resolved
My wife filed divorce petition in family court under section 13 1(i-a & i-b) of Hindu Marriage Act is still pending. And minor child custody with my wife.

My grand father-purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will. My grandfather- left behind two sons & two daughters. In 1992 my father and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father and his brother.

My query:-
1.What is my wife and minor legal right in said property.
2. Can she file any legal suit for her and minor rights on said property.

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Guest (Expert) 24 July 2016
Forget it. Ask your wife to wait till the death of her father.

Devajyoti Barman (Expert) 24 July 2016
Since your father is still alive the right of partition is still mot open to you and hence wife can not sue you over this proeprty.

kamal (Querist) 24 July 2016
It is now clear that my wife cannot sue/or ask for partition of property from my father for herself or on behalf of my minor child. Experts I would appreciate if you could tell me the reasons why she cannot?

If my father during his life time gifts the above said property to one of his son (i.e. my brother). Can my wife after gifting of the property sue me or my brother in whose name the property is transferred.

Guest (Expert) 25 July 2016
Mr.Kamal,

When ever thing is clear to you, why do you want verbatim answer to solve your academic question from the experts.

Experts have given clue to solve your academic query that should be sufficient for you.

IN THE LIGHT OF THE ANSWERS TO YOUR INITIAL QUERY, YOUR SUBSEQUENT QUERY IS QUITE PREMATURE AND IRRELEVANT. LET YOUR WIFE WAIT FOR THE DISPOSAL OF THE PROPERTY BY HER FATHER OR DEATH OF HER FATHER, ONLY THEN ASK THIS QUESTION.

Kumar Doab (Expert) 25 July 2016
Experts have resolved the query.

P. Venu

(Expert) 25 July 2016
Yes, the property is presently vested with your father and he has the complete discretion to transfer or bestow upon anyone, even a stranger.

kamal (Querist) 25 July 2016
Can my wife after gifting of the property sue me or my brother in whose name the property is transferred.

Kumar Doab (Expert) 25 July 2016
Your query(ies) have already been answered.

Rajendra K Goyal (Expert) 25 July 2016
1.What is my wife and minor legal right in said property.

Ans: No right at present.

2. Can she file any legal suit for her and minor rights on said property.

Ans: Has no merit in claim.

Rajendra K Goyal (Expert) 25 July 2016
You asked:
If my father during his life time gifts the above said property to one of his son (i.e. my brother). Can my wife after gifting of the property sue me or my brother in whose name the property is transferred.

Ans: She would have no right in the property in such situation.

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