Legal Question in Real Estate Law in India

property issue

my dad has 2 wife.

1st wife has 2 daughters.

2nd wife has 2 sons, one of them being me.

my elder sister of 1st wife of father had love marriage.she was properly educated and funded for her hobbies , then happily married too.

dad,mom ,we brothers live in kurla flat which dad has named in 1st wifes name.

my sister wants to acquire the flat and she even had verbal fight wid dad.

since dad had earned the money and bought the flat ,dad now fears of losing the home any time and is mad and suffering high BP

so please say what my dad can do???

also another question is dad also owns property in his name in dadar.now sister also had taken away property papers of dadar .can she demand rights in that property too ..please advise at the earliest


Asked on 1/29/09, 12:52 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: property issue

What is the query?

If a property is owned by wife, then husband has no control over the same.

As regards property owned by husband, he can dispose off the same during his life time or make a proper Will for its disposal after his demise. However, Will can be changed at any time during the life time of the Testator.

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Answered on 2/07/09, 5:52 am
Tushar Bungley Tushar

Re: property issue

If the property is a self-acquired property of your father, then he is at liberty to decide whom to give that property.

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Answered on 1/29/09, 3:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: property issue

She has no right or entitlement in your father's property during his life time. If the properties are self acquired by your father, he may disinherit her or any other legal heir from inheritance by excluding that person in his will.

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Answered on 1/29/09, 10:37 am


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