Property transferred in name of second wife
raj ojha
(Querist) 12 June 2013
This query is : Resolved
We are two brothers & two sister and our mother expired when we were kids. My father had a second marriage & we have a sister from our step mother. Now we are grown up. Recently we came to know that our father has secretly transferred all property (originally in name of our mother)to my step mothers name. Please advice what is the legal recourse to us & how to proceed in the matter
Veeresh Naik
(Expert) 12 June 2013
it is not clear from ur querry as how ur mother had acquired ownership of the same, pl. give details of the same. Even then assuming that ppty was not acquired by mother still, the transfer made by your father to his second wife will be illegal, you can sue for partition of the property or u can get the transfer deed void and illegal by filing the suit.
M.Sheik Mohammed Ali
(Expert) 12 June 2013
yes, your query is not clear, you should be that property is how made out and either ancestral or self earned ? than only we will give exact reply to you.
Dr. Jyothi Vishwanath
(Expert) 16 June 2013
If the property of the father was ancestral, he cannot transfer it in the name of second wife. All his children from both marriages have right in it.
If the property he transferred to second wife was his separate property, you cannot question.
The property which belonged to first wife, cannot be transferred by him to second wife.
It is legally not valid.
