Smita (None) 26 March 2015

Transfer of property - right to maintenance????

Hi,

I am planning to file a maintenance case under Hindu Adoption & Maintenance Act & Sec 125 for my minor son and myself.

But recently I found out that my husband gifted his share in ancestral property to his brother and some of it to his cousin brother. My son has right by birth in this property. Both were very well aware that my husband is not looking after us since last 3-4 years. He has deserted us.

In my case can I ask to attach the property which he has gifted or sold to his brother. My only concern..... this property has been already gifted before I am filing the maintenance case.

Thanks

Smita

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3 Replies

M.Sheik Mohammed Ali (advocate) 26 March 2015

you can ask maintenance. but the said property is ancestral or not, and once registered and

transfered some one you could not claim

Adv k . mahesh (advocate) 26 March 2015

here ancestral property means why he sold the property has to be ascertained and the reason is genuine then you cannot pray for attachment and about maintenance you can pray for interim maintenance for both of you and for this if you have any evidences like salary slip company details you have to mention in the petition

Adv. Chandrasekhar (Advocate) 26 March 2015

If it is ancestral property in legal sense and not popular sense, then you can file a suit on behalf of your child to set aside the gift deed by declaring it null inrespect of the only such part of the property, which your son is entitled as a legal heir. The part of the property, which your husband is entitled as legal heir, he can gift to any one he likes. Further, the date of gift deed has no relevance with the date of your filing the maintenance petiton, means that your filing the maintenance petition after the gift deed was registered will not affect your challenge of illegality of gift deed.