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RANDS (NA)     22 May 2012

Property dispute

Mr. X acquired a property through a family partion between him and his brothers and became absolute owner of a land.

The land was converted into block of flats. Prior to the death of Mr. X, he settled the entire block of flats in the name of his 3 sons (ie, each son would get 2 flats each, though it was not identified which flat belongs to who) 

The brothers have recently signed a release deed amongst themselves and agreed on which flat belong to who and signed appropriate document.

The issue now is, my father in law is a alocholic and a wagabound.  He is left with 1 wife and 2 daughters.

So far, since the property was in the joint name of all brothers, he couldnt sell the property.  Now the flats have been identified and he becomes sole -owner of 2 flats. He is now trying to sell the flats to feed his alocholic habbits and other self gratification. He is not providing enough to his wife or daughters.

Under this circumstances, can the wife and daughter file a suit against him for share in the property ?, since it is not self-earned by him or his father ?

I hope someone could answer this question. 



Learning

 1 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

 

The wife can approach the family court and try to obtain a restraining order.

S Jadhav


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