suryaprakash (svd) 22 January 2013

Can fathers seconf wife claim maintenance and property?

My father married for the second time againt our wishes. We aere all above 18 then. He passed away 15 years ago.

1. As a good will we allowed the second-wife to stay in the property, also she denied to come with us and live with us.The property was transferred in my name thru gift deeds.

She collected all the income from the property which was supposed to be shared by all of us (4 children).

For the last few years we found out that a lot of people have filed complaint against her in the local police station for cheating - taking money from them and not returning, running a prostitution ring in the property that i own. I offred her some money to move out and have her life as she likes it. She agreed intially an pulled us for several months on relocating. Now she comes back and says she wants the part of the property. The property was not even in the name of my father when I acquired it. It was at his mother (my paternal grandmothers name). The second wife has no children from the marriage.

2. Since she has collected all the monies and had taken all the share all thses years I am asking her to give all our shares from the income. If she does that I will give the share in the property. Is this the correct and legal?

3. I offered her to pay the maitatence in a rental house and she has denied it because she wants to live in a expensive area ina big city, instead of living in the small toen where she married my dad. Can she take us for ride like this?

4. How and what grounds, I can completely get rid of her responsibilities because of the nuisanse act my father commited agaist our wishes?

Avanish

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Tajobsindia (Senior Partner ) 22 January 2013

On your 1 – It was a mistake in the past. Once gift is given and you accepted it the gift is complete. When the property was given to you by way of gift she cannot claim any share out of it during your life time.

On your 2 – If the property earns rentals then naturally it is to be distributed to all heirs equally or as per understanding. If it was not being done all these years then donot expect she will give you account of the same when she already has several criminal complaints lodged upon her. It is not right to give her any share as she has no legal rights now once gift deed is complete.

On your 3 and 4 – If you are 90% sure that some anti-social activities such as prostitution racket she is running from your property then the third method to evict such people are applied. That is to make an anonymous call to Police about some anti-social activity being done at such and such address and immediately Police makes a official raid at the property and if it is true then police catches her and people involved in such anti-social activities also and takes them to police station. Naturally she will comeout on bail. But before that, that is the time when she is taken to police stattion you should go to your property and seal the place all to yourself with a Notice board that this property belongs to you. But do it when you have confirmation of her anti-social activities which you mention she is doing at that time otherwise it may sound as false alarm and then this effort will not bring results.

PS:- I would suggest you daily read last 50 messages discussed here under Family Law starting from beginning page 1 and make notes relevant to your case and it is the most easiest way to understand simple law and for the same I don’t expect you to do fulltime course in LL.B but few online studies till your case lasts for your own good.