LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pavan Sandur (Management Professional)     23 September 2011

Urgent help: wife claiming property

My wife has physical custody of child...RCR (I am the plaintif) and subsequently 498a ( my wife is complainant) in progress. Now my wife has laid claim on property as gaurdian of child stating I may sell the property and alienate his rights.

My son's right to property has never been in question and he is the only grandson of the family.

Partition of property is through partition deed.

I dont want my wife to manage the property using my son...what should I do?

How should I counter her moves?


 6 Replies


In whose name the property is currently? 


What is the nature of property  - is it self acquired or ancestral?


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011

If the property is ancestral, her suit has merits, but you being the legal guardian can give an undertaking to protect his rights




Shonee Kapoor

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 September 2011

create some third party rights from your relatives to avoid loosing possession. Simple and sure method.

Pavan Sandur (Management Professional)     23 September 2011

learned friends, 

Following is the history of property.

My legal advisor says that whoever has the physical custody of child, can get an injuction intheir favour and I cannot contest that. Also no undertaking will be valid in court.

Is this true. Please advise.

Property history:


KARTA of HUF has ancestral property X, he has a wife and 2 sons.


Ancestral Property X is bifurcated by KARTA into X (a) and X (b).


Portion X (b) is sold, by KARTA to his B-in-Law in 1978.


KARTA receives/buys the said property X (b) from his Brother in law in the following order.







X (b1)

KARTA'S B-in-Law


Registered SALE DEED


X (b2)

KARTA'S B-in-Law

KARTA'S wife

Registered SALE DEED


X (b3)

KARTA'S B-in-Law


Unregistered WILL


X (b4)

KARTA'S B-in-Law


Unregistered WILL




B-in-Law of KARTA, the executor of the unregistered will dies in 1989.


KARTA, further presents his part of the property to his wife through a registered gift deed in 1996.


KARTA’s wife now has X (b1)+ X (b2)=X (B).


KARTA’S wife and second son sell part of their property to a 3rd party through a registered sale deed in 1996


At this point, after the sale of part of X (B) and X (b4), the property available with each party is:





X (a)


Common property

X (B)-(y)


KARTA's Wife

X (b3)


KARTA's first son

X (b4)-(z)


KARTA's second son


KARTA’s sons marry on the same day in MAY 2001.


KARTA’S eldest daughter in law conceives in AUG 2001.


KARTA, his wife and sons enter into an agreement to merge all properties and further partition it to suit their needs in OCT 2001.


KARTA’s first grandchild (boy) is born MAY 2002.


KARTA and his sons face financial loss in family business, said merged property is mortgaged, unsecured loans foreclosed and finances streamlined 2003.


KARTA’s second son travels abroad for work 2003 (is away till date).


KARTA’s eldest daughter in law voluntarily deserts her matrimonial home, citing difference of opinion with mother in law (KARTA’s wife), in AUG 2008 and


KARTA dies in SEPT 2008.


Multiple reconciliation attempts fail, eldest daughter in law ignores summons issued by legal aid in OCT 2009.


Eldest son applies for Restitution of Conjugal rights and IA for child custody in DEC 2009.


Eldest daughter in law registers an FIR against her Husband (KARTA’s first son), Mother in law (KARTA’s wife) and brother in law (KARTA’s second son), accusing them of dowry harassment between 2003 and 2008 in DEC 2010.


Eldest daughter in law claims, SEPT 2011, alienation rights on behalf of minor son and asks for appointment of Commissioner to demarcate half of one third of all properties belonging to KARTA by metes and bounds



Pavan Sandur (Management Professional)     23 September 2011

Thanks for the prompt advise.

How is third party rights created?

Also when a trumped up 498(a) case is pending aganist me can my wife ask for injuction to stop alienation of property rights on the same grounds?( 498a case was lodged aganist me after 1 year of applying for RCR and IA by me)

Do I get time till the 498(a) case is deposed off?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011



I have already advised you on the PM. 


Do things which are mandatory rather than running around in circles.




Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register