After abolishing of Benami Property Transaction Act in the year 1988,you have absolute right over the property.It does not matter your husband provide money when purchase the property.During your life time you can sell,gift mortgage as you like,after your death if you left your property in your own name then your sons and daughter will succeed it,not now.So,if you are feel disturbance your peaceful living then you can file a Civil suit and a Criminal case also or defend the case against your son who has already filed.
Property purchased by husband in wife's name is stridhan
I am widow about 60 yrs old. My husband purchased a land and build a house in Gorakhpur from the earning of business in which I was also partner. the land was purchased in my name and house has been built there. I have 3 kids (2 sons and 1 daughter) all married. my husband expired in 2005. my elder son is living abroad and supporting me financially and daughter is living with her husband. my younger son is living with me the house. he is forcefully trying to takeover the property and has filed an application to civil court in Gorakhour,Uttar Pradesh. I want know that 1- if above property falls under Srtidhan? what are my rights over that property? (Under Which act/law) 2- Can I file the complaint to court about his forcefully living in that house and request court to order to vacate him the property? 3- is there any way I can file criminal case and /or request the court to dismiss his court application? kindly guide me. Thanks Shakuntala
Asked 10 years ago in Property Law
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6 Answers
if your younger sons is disturbing your peace,file a suit for permanent injunction against him,as far as your property is concerned you have complete right to it with respect to transfer it any way you like
since property has been purchased in your name you are the absolute owner of property . if your younger son is harassing you obtain an injunction restraining him from entering your house . you can also lodge police complaint against your younger son for criminal intimidation if you so desire .
engage a local lawyer and in your reply enclose copy of your agreement for purchase of the property . since it is in your name your son application would be dismissed
since you are a senior citizen you can also make an application under maintenance of senior citizen act . Tribunal can grant an injunction restraining your son from harassing you for the property .
1. The property does not take the character of your 'stridhan', but you are the sole owner thereof as the land was purchased in your name. You have absolute rights over the property. You may sell or will it to any one you so desire.
2. Which case has he filed in Gorakhpur court? If he is trying to usurp your lawful property then the most effective legal remedy for you is to file a case for affirming your ownership in the property and to obtain a stay order against any attempt of your son to illegally take over the property. Once a stay order is passed by court your son will have to remain off limits from your property.
Since he has already filed a case you should engage a lawyer and contest the same lest he succeeds in getting a favourable order much to your disadvantage. That apart, apply for a stay against him so that he cannot enter your house without your consent.
You may also sue him for financial support as it is his legal duty to support his mother financially.