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shriram (Regional Manager)     25 April 2015

Can major daughter can claim the share in house property?

Dear Concerned 

 

I am writing this message behalf of MY Niece.

 

MY sister had married to my Brother in Law around in the year 1991. my Brother in law is also our distance relative. in the year 2000 my sister passed away leaving one daughter which is my Niece now 23 year old and son now 15 year old. my brother in law has purchased house in the year 2012

Their after my Brother in law remarried to a girl to take care of the small boy who was 10 months old then. to look after the boy and home. he is working with the one government undertaking and presently not going to job because of the TB.

around seven  to eight year back he started consuming alchohol moderately subsequently the alchohol consumption increased and entire salary was vanishing on the alcohol. there after he could not able to go to his job due to exesive alcohol consumption and the income started reducing. meanwhile my niece completed BMS and presently working in pvt company.

in between he has been caught by TB and the company has asked him to take the treatment and once it is treated rejoin the office. ( meanwhile company has initiated to enquiry  for non attending the job, which is still on)

preasently, he has TB and alcoholic, but the salary is not paid by the employer due to non attendance.

 

Asd he does not have money to buy alcohol he started taking money from friends relatives for some days and never returned back, he also sold all his wife's ornaments for alcohol.

 

since he has not money for the alcohol, he is trying to sell of his ownership flat for which he has obtain housing loan from the bank. 

 

Now my question is  that  since this is the only shelter for entire family, once this shelter will gone away he may spend all the money on liquor. by buying rented house and then once the entire money exhausted  there will not be any shelter for the family.

 

can my niece who is now major stop him by selling property which is in his name solely and he has inserted his new wife name  in the nominee with the society which is registered? and how?

 

to start with we have explained the case to the officer bearer of the society and they are well aware about his drunkerdness.  and also we have conveyed to the new buyer that we do not want to sell this property though he has taken the token of 1 lac from him. we are ready to return the same.

 

we have also approached the local police department to intervene in the matter and give us reliefe.

 

I want to know, can we stop him completely/ permanantly to sell of  his property till his daughter get married and son completes his study and become major

 

looking for the right guidance for the same

 

shriram rane

dombivali maharashtra



Learning

 1 Replies

Kumar Doab (FIN)     25 April 2015

Approach a lawyer at your location well versed with maintenance cases or seek free help from Dist. Legal Authority (that might have office in Court Complex).

Help of elders may also provide relief.


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