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Whether my father can transfer all properties to his second wife

Shivendra Pratap Singh

Advocate

30/04/2022

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Question: Father’s second wife is cheating my father and extorting money from him. My mother died in 2020 then my father solemnised a second marriage in 2021. Whether my father can transfer all properties to his second wife? That land is very dominating behaviour and entirely taken my father in her control. 

Now my father is going to register all properties in her name. She has been receiving pension and is the owner of a huge bungalow in posh area of New Delhi. Her previous husband was a government doctor and she was working in his clinic as a maid. 

Gradually she established sexual relationship with that doctor and finally compelled him to marry. Then she established sexual relationship with the son of that doctor (husband). That son was minor at that time. When this matter was disclosed then the doctor had divorce and given to her a huge amount at the time of divorce. 

He also transferred to her a bungalow situated in the posh area of New Delhi. After the divorce she married to an IPS officer and after his death she is receiving his pension. Now she is married to my father. My father is holding a higher post in the Indian Revenue Service. 

Recently they have gone on a holiday trip to the USA. i am not living with my father after his second marriage. I want to know whether my father can transfer all properties to his second wife.

Asked from: New Delhi

Your father can transfer his self acquired property to his second wife. Though he is the absolute owner of his self acquired property then he has unfettered right to alienate or transfer that property to anyone. 

You cannot stop your father from transferring his self acquired property to his second wife. So far as ancestral property is concerned you are the joining owner.

Hence, your father can transfer ancestral property to his second wife to the extent of his share only. He has to partition the ancestral property then he can transfer his share to any person. 

You are the absolute owner of your mother’s stridhan. Her property, movable or immovable, shall devolve upon you only. Your father has no right therein. 

If your father is transferring ancestral property or stridhan of your mother then you should immediately file a civil suit for the mandatory injunction. You can file that civil suit if you are afraid that your father can transfer those properties. 

Except the above mentioned rights you cannot enforce any other right against the property of your father. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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