Your father is at liberty execute registered gift deed in your favour 

2) not necessary to dis own brother 

3) Bhabhi has no share in self acquired property of father in law 

Hello,

1. Your father can gift his self acquired property to anyone he chooses, so he can gift it to you absolutely. Now he does not have to do it to save it from going to your sister in law as neither she nor you or your brother have any right in the self acquired property of the father when he is alive.
2. No, as the son does not have any inherent right in the self earned property of father.
3. No.

1. As per law, as the your father is owner of the self acquired property , then he having his right to gift the same to you as per his wish , and none having right to claim over it including your Bhabi.

- However , that gift deed should be registered from the office of the Registrar.

2. Yes, your father can disown both of them from his self acquired property , however your Bhabi having no right over the self acquired property of your father during his husbands life time. 

3. No , legally she having any right to stop . 

You can contact me , if detailed suggestion needed. 

1) Father can GIFT his self acquired property to you (but it can not save it from going it to Bhabhi because she have no rights on that house and she is already living in it and aware of it).
Also GIFT after divorce have no effect and court can make it invalid. 
There is other way to it, Your father can sell it but it can not happen because your bhabhi is already living in it. 

 


2) Do it because there are no other cases and your bhabhi is still living with you all. 




3) Your Bhabhi have rights to stop this from happening, but she can not claim rights on the property except residence rights. 


Divorce case is filed by whom ?
you are lucky that she still not filed anything and only divorce case is there in scenario because is rare.

- Yes, if the gift deed registered then the possession of the property is necessary , and hence you can evict your Bhabi from your house legally. 

- After getting Gift deed in your favour, you can file a suit before the court for evicting her from your property 

Recently Supreme Court held that married women have residency rights on in-laws house.

So you will not be able to evict her. 

best of luck.

1. If it's your father's self acquired or own and absolute property then he can transfer it to your name by executing a registered gift settlement deed. 

Nobody can challenge or object to your father's decision of transferring his property to the person of his choice. 

2. Not necessary. 

3. No.

1. If your brother is not residing in this house then your father can file a suit for ejection to eject your sister in law from that house. 

2. If the property is transferred to your name by a registered gift settlement deed you can issue a legal notice to her to vacate the house after which you can proceed legally to throw her out of the house. 

 You have to file suit for eviction of your sister in law as you are absolute owner of property 

Hello,

1. Yes, if the Gift Deed is made in your favour you can evict your sister in law as she can no longer claim it to be her matrimonial home. Even otherwise as the house is owned by your father and the husband is residing elsewhere, the father can compel her to vacate.
2. If she refuses to leave despite being told to do so in a peaceful manner, you can lodge a complaint against her for criminal trespass under IPC 441 and PWDVA which is DV case.

1. Since the property is your father's self acquired property, he will have absolute right to take any decision regarding the property, including gifting the property to his daughter.

2.  For the purpose of gifting his self acquired property to you, your father need not disown his son.

3.  Your sister will not have any right in your father's self acquired property. Your sister-in-law can't stop your father from gifting the property to you, as the property is your father's self acquired property. However, your sister-in-law will be entitled for a matrimonial home till she continues as your brother's wife.

4.  Till the divorce case is settled, your sister-in-law is entitled for matrimonial home. It's upto your brother to provide a matrimonial home to her, though not the same property being gifted to you by your father. Your brother can provide a suitable rental accommodation to her so that your brother's duty of providing matrimonial home to her during the process of divorce can be satisfied.

In my opinion,  in case the property is in the name of your father, there is no need to do anything. He is absolute owner of his property during his lifetime  and can deal with the same in any manner.   Your bhabhi has no right in the property of your father and cannot claim the same.

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 'SR Batra' Judgment

Gift deed can happen 

But I fear if your sister in law can be evicted after the gift deed since she has a right of residence till the divorce case is finally decided, even if the property were to stand in your name 

1. Yes.

2. No, this is not required.

3. Absoluetly not.

1. If the house in which you all are residing along with your bhabhi, in that case it is open for your father to initiate eviction proceedings against bhabhi.

1.    If the title of the house stands in the name of your father, then he can register a gift deed conveying  the title of the said house in your faviour.

2. Your father won't have to disown your brother for the purpose of registering the above gift deed.

3. Legally, your Bhabhi can not raise any claim on the said house bit it will be prudent on the part of your father to register the gift deed without letting your Bhabhi coming to know about it to avoid any legal case in this regard.

1. After registering the gift deed, you shall become the title holder of the said property.

2. You can thereafter file an eviction suit against your Bhabhi  since her husband is not staying in the said house.

1. There is no legal bar against father registering gift deed in favor of daughter of his self acquired property.
2. No such thing as “disown son” is valid in law, though there is general perception of that among public.
3. She has no right to restrain your father for gifting you his self acquired property. She has no right in father’s self acquired property.

Under  Section 19 of Domestic Violence Act, 2005 she has right to reside in sheltered house. She cannot be evicted.

1. A person can make will or gift his self acquired properties to anyone he feels good. He can directly transfer it to you. 

2. Wife can only claim from her husband and not from her In-laws. So need to disown anything. 

3. Bhabhi has only right in the property of husband and she cannot make any claims in the property of father in law or yours. 

Hindu marriage Laws very clearly says that husband has moral duty to maintain his wife and kids, father and mother. As they are dependent on them. 

But Supreme Court has in several Judgements made clear that wife cannot claim from in laws, yes she can move Domestic Violence against in laws and get a good amount, but she is not liable to get maintainece. 

So you get the Gift Deed in your favor. And also file a written compliant in the local police station that Bhabhi threatens to take share in Property else file a Domestic Violence case. This will benifit you then if she takes any coercive step and you file it that we have anticipated this and told the police. 

1. Yes. He can gift tge property to you.

2. He need not disown.

3. She cannot.

Regards 

G.Rajaganapathy 

High Court of Madras 

1. yes

2. he can still law can give right to daughter in law if she has stayed in father in law house earlier as shared household.

3. She cant claim ownership rights but can only claim alimony and residence rights under domestic violence Act.

You can only evict her by filing eviction suit

Dear Maam/Sir,

1) The father can gift or dispose of his self acquired property in any manner he finds fit.

2) No your father does not need to disown his son. The self acquired property is fathers property alone, neither son nor daughter have any claim to in it. If the father wishes to give it to you through a registered gift deed he can do it.

3) The wife of your brother has no claim in the self acquired property of the father in law.

4) You will have to file an injunction suit against the bhabhi to evict her from the premises, if she does not leave the property.

5) Even if the property belongs to the in laws, the daughter in law cannot claim stay in the same, daughter in law only has right to seek stay with her husband not with in laws.

Thank you