sneha jaiswal 21 May 2021

Property dispute

Hello, Learned Counsel!

Mr. A is my relative, he has four brothers and all are married. In their family, there is a tradition to buy property in the names of wives or daughters-in-law of the family. Mr. A and all his brothers jointly brought the house but registered that property with the name of Mr. C’s wife. But, after few years when there is a time to do partition in the family. All other daughters-in-law are ready for partition and gave their property. But, Mr. C and his wife are not ready to return the property and claiming that to be their property. And, other relatives are very well known of the fact that Mr. C and his wife doing wrong and trying to confiscate the right of other brothers. Mr. C and his wife are very violent people so relatives are in fear to support the other brothers. Is there any legal remedy in this case?

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T. Kalaiselvan, Advocate (Advocate) 29 May 2021

The family traditions are not binding on the governing law in this regard.

As per the documentary evidence Mrs. C is the legal owner with clear and marketable title to the property on the basis of the registered sale deed on her name.

She might not have had funds to purchase this property at that time, but since this funded by others as a token of gift to her, it becomes her stridhan, i.e., her own and absolute property.

The family elders and other respectable elderly members of the community should interfere/involve in this and try to arrange for an amicable solution to this dispute, or else the warring factions can approach court of law with the documentary evidences as well as the proof of family traditions/customs in this regard and claim the property back, which may or may not fetch the desired result given weak background or reasons over this civil dispute.