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Ashutosh Singh (US tax consultant.)     27 September 2009

Maintenance claim on Husbands transferred property

Hi All, Please note that:-

A) My mother resides in a property built by my dad with housing loan borrowed from SBI. After my fathers death, my mother paid off the interest on loan from his superannuation receipts.

B) After my fathers death in 1997, since there was no will, we 3 brother (Eldest Brother was major and we 2 minor at the time of death and my mother was custodian for both of us) and my mothers were legal heirs in this property (Plz correct if I am wrong here).

C) We did not proceed to give any legal shape to ownership as everything was fine till my brother got marries in December 2006. After my brothers marriage, things went sour from Feb 2007 and he has been contesting a divorce case and 498A case since may 2007.

We soon realised that girl and her family is interested in property mentioned in A) above when they went to the extent of break opening the lock of our house and ransacking it. Girls father against my mothers will made her daughter stay in house where this girl created whole lot of scenes and did all what could be expected. My widow mother had to go through all pains. We three brother realised the motive of girl and her father and relinquished the right of property in our 'Mothers' favour. No objection was filed by any party with 30 days of publishing in offical gazette and property was vested in my mothers name in July 2009. Please advise We want to do everything possible to refrain this girl from sharing my dad’s property. Fyi, my brother is a central govt servant and girl has been living the quarters provided to him by govt . My brother has to live outside in hotels and lodges as his lawyer has advised if my brother proceeds to ask this girl to vacate the quarter , she will try to get roders from court to move to lucknow property. Now when we have relinquished the right of property in favour of our mother , please advise regarding the legal position. can this girl still claim right in this property in the name of my mother. We don’t have any property inherited from our grand father or any other source.

Thanks,



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 September 2009

legally the wife of your brother has got no residential right in the house of your mother. Your mother can also file an injunction suit against her and can restrain her not to enter therein. The wife of your brother has residential right only in the quarter wherein she is residing at present. When your mother obtains stay order from civil court thereafter your brotehr should surrender the quarter to Govt. and by doing so the intesnion of problem creator shall become unfulfilled.


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