Husband's right over self earned property of wife
Querist :
Anonymous
(Querist) 15 September 2019
This query is : Resolved
.We are living in joint Hindu family with my father(75 Yrs) in Gujarat
2.Mother was expired in Yr.2017 intestate (without will) left behind total 4 children ,(ie. 1- married daughter ,1 -unmarried daughter,2 -married son)
3. My mother was housewife and had never any individual income source during her life.
4.My father was semi. Govt employee & at present passing retire life.
5.During our childhood my father purchased Agriculture land in Gujarat..and domestic property on my mother’s name only due to love & affection towards my mother(on paper my mother was sole owner).
6. My father has purchased all property including Agriculture land on my mother’s name and taking all kind of care and pays all govt.taxes till date.
7.After my mother sad demise my father wish to manage all property by his own wish..and asking for power of attorney in favour of him,but my both sisters refuse to support my father’s wish. I think all sisters taking advantage of their legal stand because as per my information they have equal rights over property with both brothers & father(Hindu succession act{amend.} ).
8.My father believes that he has moral rights over property to manage & hence insist for Power of attorney in favour of himself but couldn't succeed
8. We both brothers supports our father all the way..
Now The question is that a.
Is there any property act or legal aid to my father by which means my father at his old age take over all property to manage as per his desire (including sale & purchase) without obligation of his daughters .,.?Please reply at earliest & obliged..
kavksatyanarayana
(Expert) 15 September 2019
Ji, as the property is in the name of your late mother, your father and their children have equal rights over the property. so amicably settle the issue with the help of your relatives and well wishers of your family who knows all the facts.
Dr J C Vashista
(Expert) 16 September 2019
All sibling and husband of your mother (deceased) have equal share in the property left behind her.
It would be better to consult a local prudent lawyer with relevant facts/documents for proper appreciation, guidance and proceeding.
Sudhir Kumar, Advocate
(Expert) 16 September 2019
Given facts provide no remedy to your father.
You can consult local lawyer as each state has different legal system for agrarian land
SHIRISH PAWAR, 7738990900
(Expert) 16 September 2019
You cannot avoid your sisters for their share in property. Your father, you and your brother and sisters have equal share in the property.
R.K Nanda
(Expert) 17 September 2019
take help of local lawyer.
Hemant Agarwal
(Expert) 17 September 2019
1. IF Father had purchased all properties in his Wife's name, by his own self-acquired earnings and IF such property-purchase-funds are reflected in his own income tax returns, AND "IF" such properties were not reflected in his Wife's Income Tax returns, AND "IF" his Wife had not executed any WILL document, THEN ....
2. Father can file a Civil Suit for declaration and claim "A L L" the properties that he financed and purchased in his Wife's name, without any reference to any of his Children's legal rights. This shall be tricky, BUT can be achieved, with a bit of strategic twist and available documentary evidences.
3. Further, by virtue of point no. 2 (above), there would be no need for any POA or any other settlement deed from ANYBODY, whosoever. MERE purchase of property in Wife's name shall not bestow absolute ownership rights to Wife, for any future disbursement or claim rights.
4. CONCLUSION: Either settle amicably or legally, in favor of the aged Father, during his last concluding years.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
