Property rights of married daughters
usharavikumar
(Querist) 01 March 2015
This query is : Resolved
My father re-married after my mother's death 30+ years ago. He has some property in Kerala and a flat and office in Mumbai. He had verbally mentioned all these years that his Kerala property would go to his wife and mumbai property would be for me and my sister. Both of us are married. Two years ago, he transferred his Kerala property in his wife's name. Now he intends to sell his office and move to Kerala at his wife's native place to settle with her. All his property is self-acquired. Is there any way we can stop him from selling his office/mumbai property? Or any other option we can do to safeguard the situation? My father is 77 years old and has only age-related memory issues. He is very much influenced by his wife, so talking it out with him is not going to serve any positive results.
Kappil Cchandna
(Expert) 01 March 2015
Dear,
Self acquired you cannot do anything .....
Kapil Chandna Adv 9899011450
R.K Nanda
(Expert) 01 March 2015
he can give his self earned properties to anyone.
Kumar Doab
(Expert) 01 March 2015
Yes he can.
Take help of person he trusts and convince him.
A father shall usually not indiscriminate his children.
Guest
(Expert) 01 March 2015
Any reason for deviation from his earlier verbal assurance?
Guest
(Expert) 01 March 2015
Also, the text of your query is entirely different than the title of your query. Please state, what exactly you want to ask?
Even otherwise, during his life time, neither you nor your sister can do anything to stop your father, the owner of the property, to dispose of his property in any manner he likes.
Rajendra K Goyal
(Expert) 01 March 2015
During the life time of your father you have no claim on his self acquired property.
usharavikumar
(Querist) 02 March 2015
Thanks to all for the replies. Mr. Dhingra, regarding your query regarding "any reason for deviation from his earlier verbal assurance" - There is no particular reason for it. He has no issues with us. We have an amicable relationship. His only issue is that he does not speak up in front of his wife and she had complete command of the situation. In fact, we are never able to stay peacefully in our father's house even for a day. She makes life hell for us and my father does not utter a single word against her. Even regarding the Kerala property which he transferred in her name, he had no intentions of doing so, but she verbally made his life miserable and he ultimately agreed to it. Even now, she is the one who started off with stating that my father should sell off his office as his business is almost nil, and gradually my father started to say the same and both me and my sister know that she is very capable to make him do what she wants. If he sells the office and takes the money (around 2+ crores) to go and stay with her in her native place, we are damn sure that she will get all the money in her custody by hook or crook and make my father penniless. Also, if he stays with her and her children, there are chances that they get to make him transfer the flat in their name. so it is a complicated situation. That is the reason i wanted to know if there are any options to stop the sale of his office to safeguard ourselves and my dad.
Guest
(Expert) 02 March 2015
In view of your clarification, only the intervention of some elders and family friends can help you to bring him out of his wife's influence.
malipeddi jaggarao
(Expert) 02 March 2015
Legally there is no remedy during his life time as it is his self-acquired property. If the property is not sold or transferred now, you will get your rights for share after his demise.
P. Venu
(Expert) 02 March 2015
A better option would be not to rock the boat for the present. You can inherit his property(whatever remains intestate) after his life time.
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
He has full rights to dispose all is self acquired property in the manner he desires so, nobody can interfere in it.
Devajyoti Barman
(Expert) 06 March 2015
Forget this. No legal recourse lies to redress your grievance.
