ownership of property
RANJAN DEY CHOUDHURY
(Querist) 08 January 2010
This query is : Resolved
I have an elder brother who is having a HIG flat in Kolkata in his own name. Last one year back his wife left him alone and ran away to her parents house with all valuables. she doesn't keep contact with him at all. He has a daughter also who is staying with her husband and child. Now the man wants to transfer his property to someone who will look after him in last days of life through proper sale deed. Since he is presently not going well, hence my question is that has his wife and daughter can claim the property if it is sold out. the property is in the name of the man only. Further what are the legal angles through which wife and daughter can claim. What are the after effects. please guide.
ranjan C
Devajyoti Barman
(Expert) 08 January 2010
The wife and child being his legal heirs can claim in the property only in the event of his dying intestate. In other event your brother can very well transfer the property during his lifetime in the name of any person he wish without any hindrance,present or future , from his wife and children.
All the best.
mahesh kumar yadav
(Expert) 08 January 2010
the person is having every right to sell or transfer the property being it is self acquired, the person who is purchasing the property he must take signatures of his legal heirs in sale deed etc to avoid future disputes with lega heirs.
Ashok Yadav
(Expert) 08 January 2010
The wife and daughtor can't claim that property in any manner in his life time. The owner is absolute owner and he can transfer the flat to any one according to his wish. If the property is transferred in his life time to others or through Will after his death, Wife and daughtor cant claim after his daeth also.
But the person who is the owner he should not transfer the flat through sale deed in favour of any person who will take care of him in old age, he should make a will in favour of that person. Transefer through Will is a safe mode for that old person.
Deekshitulu.V.S.R
(Expert) 08 January 2010
Dear friends.
I think we are hasty in the decision. Please refer to 2004(4) ANDHRA LAW TIMES 169= 2004(3) ANDHRA LEGAL DECISIONS 323=A.I.R. 2004 ANDHRA PRADESH 317.
According to this decision, the moment there is a husband wife relationship between two persons, the wife will have charge on all the properties of the husband ,whether she filed the suit for maintenance or not. The existence of such right under law is notice to all- Hwence the transfree will take the property subject to such a right of the wife- So purchaser beware.
