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neha rathore (student)     21 October 2015

Wife's right over residence flat

Hi, I have a query regarding a recent case that has popped up in my freind's life. His dad is a drunker and wants to sell the only flat of residence whithout the prior permission of wife and son. Please advise if the wife has the right to stop husband from selling the said property? If so please what all laws or sections are applicable herein?



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 7 Replies


(Guest)

If he has bought it with his own money, he may as well sell it or give it away in charity, no question of any hindrance from wife or kids.

neha rathore (student)     21 October 2015

Thanks Gyan Prakash...but thats the only residence available to the wife and son. If the hunsband sell it off the wife and son will be left homeless. Is there no law that can protect the intest of wife. SC ruling says wife has the right over residence till the marriage lasts, but can she claim interest in the sale of such residence also? Kindly advise.

Kumar Doab (FIN)     21 October 2015

A similar query has been discussed at following thread, that you may find relevant;

 

https://www.lawyersclubindia.com/forum/What-are-the-rights-of-children-over-their-father-property-128644.asp#.ViedQG5-jMo
 

b.goheel   21 October 2015

it is a irony tht wife fr one second may get her right with the help of law bt child of own blood r left at the discretion of father.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

The Wife can seek not only right to monthly maintenance against the husband but even enforce her right to residence against him under the Protection of women from domestic violence Act,2005.

The right of wife is for monthly maintenance, permanent alimony and maintenance and right to residence against her living husband, she has no right to claim any share in any of the properties of her husband during his lifetime and even after his death she gets one share only whereas all the sons and daughters of the Hindu male also get one share each.

b.goheel   21 October 2015

question of share in property of hindu male arise whn he died intested.

whereas Law give the right to wife of even for a duration of a second to seek monetary assistance as well residence per force from her alive husband, whether he like it or not, under several major heads of law.
Whereas there is no such provision for a child to seek from their father related by blood. they r left at the discretion of their father.


(Guest)

You can claim alimony via 125 crpc, but that will only lead towards divorce, anyway you are thinking about money, court is next stage, and eventually divorce.  Better find a job for yourself and secure your future, if boy is adult, ask him to get a job and secure both of your futures, keep going to court as last option, as there is no turning back after going to court.


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