Belinda dsilva 01 April 2016

Wifes right on property

Hi, My mother is married since 25 years. However, in those 25 years my father has worked only for 10 years. Hence, my mom and I had to start working. My father has two houses in his name. Both gifted by his sister. My father does not drink alcohol but has short temper, he has abused my mother several times and also slapped me. The concern is I quit my job due to health issues and now due to financial diificulties my mother requested my father to sell one of the house. But he is not ready to do so. My father demands money from my mother several times, as i am not working, its difficult to give him money. His sister provides him with money monthly and also medicines. Each and everything in the house, is purchased with my money. How can one of the houses be sold, I need money for my mothers health and to pursue a course. Is it only after my fathers death, that my mother will have a legal right to sell the house ?

Reply Follow

5 Replies

saravanan s (legal advisor) 01 April 2016

How can one of the houses be sold, I need money for my mothers health and to pursue a course. Is it only after my fathers death, that my mother will have a legal right to sell the house ?

your mother can claim maintenance from your father u/s 125 crpc.

only if your father dies intestate you and your mother are entitled for a share as class 1 legal heirs.in case if he writes a will on your name you can sell it after his death and if he gifts you then you can sell it during his lifetime itself

saravanan s (legal advisor) 01 April 2016

How can one of the houses be sold, I need money for my mothers health and to pursue a course. Is it only after my fathers death, that my mother will have a legal right to sell the house ?

your mother can claim maintenance from your father u/s 125 crpc.

saravanan s (legal advisor) 01 April 2016

How can one of the houses be sold, I need money for my mothers health and to pursue a course. Is it only after my fathers death, that my mother will have a legal right to sell the house ?

your mother can claim maintenance from your father u/s 125 crpc.

Belinda dsilva 01 April 2016

Thank you for the information. However, currently as my father is alive, what can be done about the houses, as we are having a lot of financial difficulties ?

What is u/s 125 crpc ?

(Guest)

This question require Legal Property angle , Family angle too , Personal angle . This can not be solved purely as Property problem within frame of law ,due to legal complexity and restriction .

1) Whether Gift Deed properly Registered and Stamped ? Who was original owner of that House ?Please clarify? How your sister became owner ? When transcation took place which year ? Can you specify type of house that is flat /Land and structure above/ Land Record details who is land owner / Whether it is in Housing society / Municipal or local govt. tax on whose name it is ?

2) Your father has health issue check BP/Diabetes/Approach family Dr. for his health assessment. BP , Diabetes , Heart patient , Kidney Patient are aggitated people generally some time in day troubling others and also fighting , and in Marathi Chid chida. So it is health issue take care in that direction may be you get favourable results. Which Medicine he takes , may be understanding his health can also help solve problem. Give medicine name if possible -- Don't give brand name give name which is written in content of medicine and dose . So more clarity can help me to understand the problem

3) Tell your health issue also , this can also help to solve problem

4) What are your mother health issue this may be also required for solving problem and constructing matter

5) From your name I conclude you are Christian is it right ? What is your age ? Whether you have brother or sister and how many ? Any minor ? Whether you father attends Church (Church asking due to your name) ? Whether he will hear to priest (Father etc. in Church, I was in convent School , so have regards for Pries. Some time Father are strict at same time kind and helpful in certain case, Whether your dad may listen to Priest of Church) ?

6) Most important question which state ?

7) Which Course you want to pursue ? Fees for the course ?

8) What your father sister do ? How are your relationship between you and her?

After ans. to all above question will give insight to problem and tell you most favourable solution . Cr.P.C. 125 is there but your father is not working , health issue too .So doubtful.

When Problem comes in battalion and you are confused first thing maintain cool and analyise whole problem and circumstances with optimastic approach.

Sorry although legal forum still this is more personal problem and less property law probelm. but have to be solved taking all points together.