Property right of daughter
Guest
(Querist) 25 March 2009
This query is : Resolved
in a case the self acquired property of father is a land along with building. During the lifetime of the father he purchased the land in his wifes name. She (wife)was house wife. Mutation and muniticipalty taxes comes in the name of wife. Hence everything, related to the property is in wifes name. But she had no means of earning.
now after the death of the father the mother wants to sell the land with building mainly to deprive her daughter. whether daughter has any claim ? (there is only one son one daughter)
can daughter restrain the mother from selling the property?
adv. rajeev ( rajoo )
(Expert) 25 March 2009
Daughter can claim on the solid grounds becuase burden lies on the daughther to prove that land and house was purchased from the income of the father. It required cogent evidences
Tribhuwan Pandey
(Expert) 25 March 2009
Daughter cannot restrain her mother from selling the property because the property is in the name of the mother.
n.k.sarin
(Expert) 25 March 2009
In my view doughter can restrain her mother from selling the property because the deceased father was the actual owener of the said property, hence doughter mother and son have equal share in it.It is clear from the query that mother was the house wife she had not any independent income.
n.k.sarin, Advocate Dehradun.
Guest
(Querist) 25 March 2009
I have little doubt that Mr T C Pandey is expert or not....please any body dont mind..
Jithendra.H.J
(Expert) 26 March 2009
i agree with rajeev,
just file a suit against the mother seeking partition, and file an interim application seeking not to alienate, the courts certainly will give exparte temporary injunction restraining the mother from alienating the properties
Adv.Shine Thomas
(Expert) 26 March 2009
I agree with Mr.Jithendra.Daughter can restrain the mother from selling the property.
PALNITKAR V.V.
(Expert) 26 March 2009
I think Dear Jewel should not have made comments about Dear Pandey at this place. Such comments should be sent through personal message. Mr. Pandey has expressed his opinion. He must have some reason for that. We should not make such comments.I think the learned members would agree with me. Sorry Dear Jewel if I have hurt you. But we must show some restraint.
Tribhuwan Pandey
(Expert) 26 March 2009
I regard the comments of Mr. jewel but i would be grateful if he could also place his expertise regarding the query.
K.C.Suresh
(Expert) 27 March 2009
Jewel has unnecessarly commented so. Try not to hurt any body through this forum
About the querry the daughetr can approach the court and agitate that the property and the house is acquired by her father in the name of his wife. So she is equally eligible for the share. The burden etc is not the head ache now. That will come later. Now what you do was to restrian the mother from selling out the peroperty. Do that first then adduce evidence at the maximum to convince the court.
Guest
(Querist) 27 March 2009
I am very sorry Mr. T C Pandey ..I should not make such comment.. very sorryyy.
asking for apology..
Guest
(Querist) 27 March 2009
I am very sorry Mr. T C Pandey ..I should not make such comment.. very sorryyy.
asking for apology..
Kiran Kumar
(Expert) 27 March 2009
query resolved with a common advice...now pls consult some local lawyer for further proceedings in the court or check the list of experts avialable on this site.
KANDE VENKATESH GUPTA
(Expert) 27 March 2009
You have to file a suit for declaration seeking declaration that the property standing in the name of the mother belongs to the joint family comprising, father, mother and children and also for partition of the property, in which the daughter is certainly having a right to the extent of 1/3rd. Till finalization of the suit proceedings, you can ask the court to grant temporary injunction u/o 39 rule 1 & 2 C.P.C. restraining the mother from alienating the property or creating third party interest by way of sale, mortgage or otherwise.
B.B.R.Goud.
(Expert) 29 March 2009
Mr Jewel! you are not supposed to, comment an intellectual, in such a way, against his mere opinion alone. YOU MUST BE AWARE OF YOURSELF AND AROUND YOU.
Doughter can restrain her mother from selling the property, the deceased father was the actual owener of the said property.
doughter, mother and son have equal share in it.
It is clear from the query that mother was the house wife she had not any independent income. so that it is purchased by the father's income and registered on the mother's name.
you need to file a suit, against the mother seeking partition, and file an interim application seeking not to alienate, the court certainly will give exparte temporary injunction restraining the mother from alienating the properties.
Hiralal Das
(Expert) 05 April 2009
I agree with the learned members.
SANJAY DIXIT
(Expert) 26 May 2009
I do agree with my friends.
