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.


Asked on 11/05/07, 2:03 am

7 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

Read more
Answered on 11/05/07, 9:11 pm
Nandita Haldipur Haldipur Associates

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

Read more
Answered on 12/01/07, 8:55 am
G. M. Gupta gmguptaandassociates

Re: Property distribution without family consent

file cases against him for maintainance besides case u/s 498 A,

Read more
Answered on 11/05/07, 2:09 am

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.

Read more
Answered on 11/05/07, 3:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property distribution without family consent

File a suit for maintenance.

Read more
Answered on 11/05/07, 6:04 am
Amit Shukla AS and Associates Legal Services

Re: Property distribution without family consent

Pls contact personally.

Read more
Answered on 11/05/07, 8:47 am
rajeshwar sharma rajeshwarnathsharma

Re: Property distribution without family consent

Wife and minor chilren can claim only maintenance.

Read more
Answered on 11/08/07, 10:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India