Legal Question in Family Law in India
Property distribution without family consent
My father is set to distribute his property to his relatives without giving a paisa to his wife and children because he is angry with them.He is repeatedly harrasing his wife regarding money,giving a pittance for daily survival and is repeatedly threatening her.If he distributes his property to others without consulting his wife or family and without giving anything to his wife or family,can anything be done?He is a wife beater and although he earns a lot,he is not ready to take the responsibility of his wife or sustainance and education of his children because he doesnt like them.
7 Answers from Attorneys
Re: Property distribution without family consent
The wife and children are entitled to maintenace from court under two different provisions - Section 125 of Criminal Procedure Code; and also under Hindu Law.
The wife is also entitled to lodge a complaint with police if he beats her.
You can seek from the court of a law a "charge" against his property to the extent of maintenance amount that may be determined by the court.
Besides maintenace rights, the wife and the children have no right over his property. A person is entitled to deal with his "self acquired" property as per his wishes, after meeting his "maintenance liability" towards wife and children.
Re: Property distribution without family consent
if it is ancestral then you can file a case if it is self acquired u can file a case for maintaince
Re: Property distribution without family consent
file cases against him for maintainance besides case u/s 498 A,
Re: Property distribution without family consent
If it is his self acquired property then he can give it to any body to whom he likes otherwise he can't do so.Your mother,yourself i.e. children can claim maintainance and other expenses including education,marriage etc. In case of need contact with details.professional charges are applicable.
Re: Property distribution without family consent
File a suit for maintenance.
Re: Property distribution without family consent
Pls contact personally.
Re: Property distribution without family consent
Wife and minor chilren can claim only maintenance.