Family dispute
Sourav Chatterjee
(Querist) 19 October 2014
This query is : Resolved
Husband: aged about 65yrs. Retired as managerial personnel from a nationalized company. Not enjoying any Pension. Had a critical heart surgery in the year 2013. Owner of a two storied house situated in Kolkata. Possessed near about Rs. 25 lac in his Bank a/c. Have an extramarital affair with friend’s wife, for which such friend has the knowledge but he used to encourage it as he has another extramarital affair. Always neglect his only son, it is growing day by day. Always remarks in negative languages to the son and to the near & dear ones about the son.
Wife: aged about 59yrs. State govt. Grade A employee. Suffered from heart attack twice. About to retire within 4/5 months. In all of her bank a/c the registered nominee is her husband or the secondary holder of such a/c. always worried about his son’s future. Try to save her son from the negative shade of her husband. Aware about husband’s external affair but ignored the fact as she was fully focused in her career and son’s upbringing.
Son: aged about 28 yrs. Passed M.tech. continuing further study. Working in a central govt. organization on contractual basis. Married. Have a 2yrs aged daughter. Support his mother’s feelings.
Other Facts: wife spent lots of money on husband’s critical heart surgery, invest her money for the construction of such two storied building on the husband’s land and the property was mutate in the name of the husband. son suffering from a critical spondylitis problem but it is curable by expensive treatment. Recently it was noticed that the influence of the extramarital affair of the husband increased and the Husband is willing to sell the two storied building by depriving the wife and son and he also denying the paternity of the son and always prayed for wife’s death.
At this situation:
1. The wife needs divorce but she willing to stay in that house as she has no other option to stay other place else due to insufficient savings and furthermore she also wants to establish her son’s right in that house and want partition of the property in three parts i.e. in between husband, wife and son.
2. Husbands not willing to give divorce as he would be the family pension holder after his wife’s death (remind that wife had suffered from second heart attack in recent past) and he had told this several times to his wife also.
Now my question is how the wife and son establish their right over the residential property in which they used to reside long 14 years and how the wife may deprive the husband from enjoying the family pension and her other savings after her death?
P. Venu
(Expert) 19 October 2014
The mother and the son are self-sufficient and capable of sustaining by themselves. Then why should allow themselves to be suffocated, just for some material considerations?
Devajyoti Barman
(Expert) 19 October 2014
who are you, an advocate?
You have posted 2 queries today on 2 different topics.
Sourav Chatterjee
(Querist) 19 October 2014
@ Mr.sudhir kumar:
vacate land was purchased by the husband. After long years the building was constucted by them, the property was mutated before the local authority in the name of husband.
@ Mr. P.Venu:
For son, his job is not stable, he is suffering from critical spondylitis, it needs expesive treatment.
For wife, she lost most of her savings for her husband's and son's treatment. she will retire by december,2014. if they find another place for residence it will be huge burden for them.
they don't want husband's money, but they try to protest on the husband negligence over the relation. they try to establish their right on such property for which they have the same sacrifice like the husband. if an old ordinary resident of a property has a right of adverse procession, if neighbours to a property reserve easement right (if any) then how anybody can deprive his wife and own son from a property where they ordinarily resides more than 14 years. are the rights of the wife and son are less than any old ordinery resident or neighbours?
Rajendra K Goyal
(Expert) 19 October 2014
The building is in the name of Husband, during his life time wife or the son has no claim on it. Husband can dispose it off during his life time.
The wife can nominate son in all of her Bank accounts and will can be prepared for any other property.
ajay sethi
(Expert) 19 October 2014
wife should file Dv against husband . seek right to stay in matrimonial home and injunction restraining husband from selling said house
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
since the property was purchased in the husband's name and after construction of super structure on the vacant site, the same was duly mutated on his name, the property becomes his own and exclusive property over which only he has an absolute right entitling him to deal/transact with it in any manner during his life time including disposal/selling. The wife can claim residential rights under the domestic violence act and can obtain a stay on the same lines if she apprehends him to dispose the property, until an alternative accommodation has not been provided by her husband to her. The son being an adult and employed, he does not have any right to claim residential protection in the said property. Therefore do not mis interpret the law to your convenience and ask absurd questions. Also do not expect any logical justification to your query. You may also answer to the question raised by expert Mr. Barman.
Sudhir Kumar, Advocate
(Expert) 20 October 2014
I did not ask who purchases or constructed the property.
I reiterate
"how the building was purchased. "
whether the old man used any ancestral asserts to purchase the property.
