Rights of unmarried daughter from deseased mothers property
Querist :
Anonymous
(Querist) 18 June 2020
This query is : Resolved
Hello Sir/Madam,
This is Srinath from Bangalore.
I need your advise on one of the property related issue
My own sister had one property in her name which gifted by her husband via gift deed. But, he had incurred all the costs for construction.
2 months ago, my sister dies due to cancer and there is no will from her. She had one daughter who is already 18 years old and one son 12 years old.
Now, her husband is not taking responsibility of the kids and trying to sell the property.
He also transfrred the khatha to his name from my sister. He took signature of his daughter forcibly and got the khatha transferred to his name.
He had given lot of mental stress to daughter like below
1) Disturbed her education by taking transfer certificate from the college where she was studying very well and admitted her to diploma college which she is not interested. Due to this she lost one year of education
2) He mentally tortured her to get married so that he can sell the property. I have intervened and stopped him from getting her married. She got into mentak stress and her health was ditierated. I got her treated and now she is getting better. I have proofs all dr treatment and also for the proof from college principle for education damage he is done to his daughter
Also we filed a police complaint
As i understand, although he transferred the property in his name and incurred the cost of construction, since it was gifted to my sister, now the children are also eligible for their share in the property.
Could you please answer below questions
1) Can we file maintenance or injunction case against him by his daughter in civil court?
2) Can we also put an objection to sale of the property in Registration office where he got the khatha transferred to his name?
3) How long will it take to get the justice?
4) Will court quickly pass order for him to take care of maintenance expenses of his daughter as she will continue her education?
5) What could be the cost of lawyer fees etc?
SHIRISH PAWAR, 7738990900
(Expert) 18 June 2020
Hello,
You can file maintenance case against her father if she is not earning. Court can grant interim maintenance to daughter within 1-2 dates. You can challenge the transfer of property in civil court. Civil case may take 1 to 1 1/2 year to get decided. There is no fixed criteria for lawyer's fees.
Rajendra K Goyal
(Expert) 18 June 2020
You said:
1) Can we file maintenance or injunction case against him by his daughter in civil court?
Reply:
Yes, both children can file maintenance from their father. Interim maintenance would be ordered in 1-2 hearing.
You said:
2) Can we also put an objection to sale of the property in Registration office where he got the khatha transferred to his name?
Reply:
On what document sign was taken, whether it was taken before registrar? Apply to Municipality to challenge Khatha transfer. Approach court for a stay of sale of the property. Share of minor son (inherited from her mother) cannot be sold without court orders. Submit application and file case on his behalf also.
Rajendra K Goyal
(Expert) 18 June 2020
You said:
3) How long will it take to get the justice?
Reply:
Interim maintenance would be ordered in 6-9 months. Property case may take 2-5 years in decision.
You said:
4) Will court quickly pass order for him to take care of maintenance expenses of his daughter as she will continue her education?
Reply:
Yes, it seems.
Rajendra K Goyal
(Expert) 18 June 2020
You said:
5) What could be the cost of lawyer fees etc?
Reply:
Depend on many factors, no. of cases to be filed. Discuss locally. Fee can be negotiated but engage lawyer who is cooperative and experienced.
Guest
(Expert) 18 June 2020
A Stay could be Ordered immediately by the Concerned Court. Discuss in detail with an Local Good Advocate Or with the Free Legal Aid Forums available in the Concerned Courts.
Dr J C Vashista
(Expert) 19 June 2020
Too long a story.
Both the children have equal share in the property left behind by their mother with their father.
Both of them are entltled for maintenance, even without transfer of property left behind by their mother.
Seek stay order for creating third party interest in the property by their father.
P. Venu
(Expert) 19 June 2020
The property is jointly vested the husband, the children and mother (if alive) of the deceased.
The husband cannot unilaterally sell the property. If a conveyance deed had been got executed without free consent. it is voidable at the option of the person concerned.
A mere change in the village records do not amount to transfer or relinquishment or creation of title to property.
The father is bound to provide maintenance to the children.
Raj Kumar Makkad
(Expert) 19 June 2020
1. Petition seeking maintenance is duly maintainable and it should be got filed by your niece but injunction on what ground? Once your niece has given her consent to transfer her share in her majority in the name of her father then he has become its exclusive owner and he can use it as per his whims and wishes. If your niece was forced to consent during her minority then such consent has no value in the eyes of law and it can very well be got set aside and katha shall get entered equally in the name of all three legal heirs of your sister, since deceased. If the forceful consent has been obtained during the majority of your niece then she is required to lodge a police complaint against her father, which I think practically is difficult for a child.
Raj Kumar Makkad
(Expert) 19 June 2020
2. Yes, it can be done but only if you get stay order from the civil court in consonance with the reply of point no. 1.
Raj Kumar Makkad
(Expert) 19 June 2020
3. Word Justice is a wide term. None has become successful to define it. Smilarly one fails to tell/anticipate the exact time to be incurred in the final outcome of a litigation.
Raj Kumar Makkad
(Expert) 19 June 2020
Yes. the issue of interim maintenance shall be got decided within a period of one month, if things set in right direction, however, final decision by trial court shall take considerable period to decide.
Raj Kumar Makkad
(Expert) 19 June 2020
5. This question is personal and cannot be generalized. So better to ask this from the concerned lawyer.
Rajendra K Goyal
(Expert) 20 June 2020
As advised by the experts your nice can file case for setting aside the sale deed and cancelling the mutation. Case should also be filed by nephew as he is minor, would be having more weightage even if his consent was obtained.
Meanwhile case for maintenance should also be filed.
P. Venu
(Expert) 20 June 2020
Facts posted suggest that the consent given by the daughter was for the purpose of change of khata i.e. the mutation. Such a consent does not amount to relinquishment of her share or interests in the joint held property. It is well settled that a mere change in the revenue or village records does not amount to creation or extinguishment of rights, title or interest in property.
Rajendra K Goyal
(Expert) 21 June 2020
it may be true that the consent was for Khata transfer, the daughter may not be knowing full details when she signed the document. Full document has to be referred. Copy can be obtained from Tehsil / registrar office.
Raj Kumar Makkad
(Expert) 21 June 2020
None can anticipate upon which documents, the signature of the daughter were obtained by her father under threat and coercion so better to obtain relevant record first before deciding further course of action.
It seems that minor son of the sister, since deceased, of the author is with his father so the author has not mentioned about his status.
Rajendra K Goyal
(Expert) 22 June 2020
Documents has to be analyzed in detail.
What were the contents of document signed by the girl?
What was exactly the age when she signed?
When the Khata was changed?
Same should be discussed in detail with some local lawyer apart from filing case for maintenance.
Raj Kumar Makkad
(Expert) 22 June 2020
Yes, without going through the said documents, no definite opinion can be given by either of us. Presumptive replies can never be correct.
(Expert) 19 June 2020
