Save Property
SANTANU DAS
(Querist) 28 March 2010
This query is : Resolved
My father had purchased a property in the name of my mother where I still stayed alongwith my wife, child and my father.
My mother has also got another reg. marriage without any divorce settelement ag. my father, now happend is - my mother want to sale this property and my younger brother has also threting us to settele the same immediately, but I don't want, I want to save my property from them - pls. help - as woman how she take such action where my father is still alive.
adv. rajeev ( rajoo )
(Expert) 28 March 2010
What your mother was doing it is important. Whether she was working or not at the time of the purchase of the property. If she has/had any independent income you cannot save the property even though your father has purchased the property in her name, because she was/is working lady she claims that out of the income earned it is purchased so it amounts to self earned income, so discuss with your father and let him to file a suit against your mother for declaration
G. ARAVINTHAN
(Expert) 28 March 2010
your father can file a suit for declaration and injunction, stating that the property belong to your mother is purchased by him and the same is Benami. Then your father need to prove the same. Can also get an order of interim injunction restraining your mother from alienating the property
B K Raghavendra Rao
(Expert) 28 March 2010
As the property is purchased in the name of your mother and sale deed stands in her name, it is presumed that it is her self-acquired property.
If your father can prove that it is his money with which the property was purchased, then he may claim a right over the same but it is very difficult to establish the fact that your mother never invested any money in that property.
If your mother wants to sell the property, it is very difficult to stop her.
Devajyoti Barman
(Expert) 28 March 2010
As the property stands in the name of your mother and it is in her possession then it is difficult to take counter presumption. Still if your father has got proof to show that the fund for purchasing that property was actually supplied by him to purchase in benam of his wife then your father should immediately file a suit under Benami Transaction Act and pray for temporary injunction restraining his wife from transferring the same.
niranjan
(Expert) 28 March 2010
Sice possession is with you give a public notice that the property is purchased by your father it is owned by him so nobody should purchase it.No one would come forward to purchase the disputed property and without possession.
Kumar Thadhani
(Expert) 31 March 2010
You need not worry your father cannot alienate the property since firstly he is guilty of adultery.FILE the suit of injuncton with the court restraining your brother and mother from sale of the property.Further also give PUBLIC NOTICE to that effect FOR AWARENESS to Public WHO EVER IS DEALING IN FURTHERANCE FOR BUYING OF SUCH PROPERTY.
