Suit for declaration
sudhirghabasu
(Querist) 03 December 2011
This query is : Resolved
hello sirs, my heart felt wishes to all our LCI panel of experts.
Query:- My client's father had purchased a property in his wife's name i.e my clients mother's name. my client's mother is a house wife she did not have any source of income. My client's father had died intestate in the year 2000. he purchased the property in his wife's name in the year 1984 by way of a registered sale deed. Along with my client there are other legal heirs i.e. 2 sons and 5 daughters. My client is the last daughter. Now my client's mother is trying to settle the property in favour of her sons. In the five daugheters 3 of them did not accept for this. Now my query is, though the sale deed stands in the name of my client's mother the same was purchased only with the income of my client's father, my client's mother did not have any source of income. At the time when the sale deed was excecuted my client and other heirs were minor. Whether i can file a suit for declaration and permanent injunction against my client's mother to declare that my client's and other legal heirs has right in the property and pray for an injunction no to alienate the suit schedule property. Whether it will be maintainable or else what is the way which i should follow to get remedy for my client. Because, my client's mother is ready by all means to settle the property in favour of her sons. Also suggest me some citations. Thank you.
a.manoharan
(Expert) 04 December 2011
as per hindu succession act, once the property is in her name , it should be always considered as her self-acquired property. but, you may try to get it under Benami Act and the chance is very remote
R.Ramachandran
(Expert) 04 December 2011
Dear Mr. Sudhirghabasu,
There are decisions favouring a living husband in regard to property which he had purchased using his funds in the name of his wife. But your case is different. The property in your case is the personal property of the widow. She can do anything with it. The daughters (including the sons) have no right to object to her actions nor can they stake any claim over it. Whether the widow was house-wife, was having money or was earning etc. etc. is of no consequence. When a person can gift a property to a total stranger, he can do so to his own wife. Therefore, the earning capacity etc., of the person receiving the property has no relevance.
prabhakar singh
(Expert) 04 December 2011
Yes!Mr.sudhirghabasu !
It could have been a claim of father with his wife had there been a dispute between them!!
The father is dead.The property is registered in name of mother.Hence mother has absolute and unfettered rights over it.None including heirs of fathers or her heirs can come in her way to check her enjoying the property in her own way.She may sale ,gift,lease,mortgage or will to any body of her choice without any kind of interference,be indoor or out door.
Arun Kumar Bhagat
(Expert) 23 January 2012
I agree with Mr. Ramchandran and Mr. Singh.
