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Gayathri (nil)     20 July 2012

Claiming father's self owned property

I want to know if i can claim my father's self owned property. My mom is no more and my father is in an illegal relationship with our house maid for the past 9 months, I recently got married and my dad says I've no rights on the property. Will I be able to claim the property incase he transfers it to the house maid... Or let me know if can claim or get a stay order now so that he can't sell or transfer the property to anyone else... Pls get me some suggestions!!!

 

Thanks,

Gayathri



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 July 2012

No... you cannot claim the self acquired property of your father during his lifetime. Your dad is correct when he says that you have no right over it. The court will not grant you any stay even if he tries to transfer the property to the maid or anyone else. He is free transfer the property to anyone he wants. 

Gayathri (nil)     20 July 2012

Is there any way for me to claim that property. Can i give a complaint to the police station stating that my father is having such a relationship? The house maid is havin 3 sons and she is not legally separated from her husband.

Gayathri (nil)     20 July 2012

There is one more ancestral property which will be shared by my father and his three brothers. It is a joint property and four of them have signed in the document. Can my dad transfer that property as well?

Adv Archana Deshmukh (Practicing Advocate)     20 July 2012

If it is an 'ancestral property' then only you can lay your claim.

As far as complaint to the police is concerned, then police cannot and will not do anything about it. Your father is an adult and that woman is also an adult so, no crime is committed so as to warrent the interferance of the police. If the husband of the maid wants then he can file a case of adultry againt your father in the court but you cannot file that case against him.


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