Can my step mother claim share in fathers property
14-Nov-2023 (In Property Law)
Respected sir/madam, My father has 2 wives. My mother is second wife of my father. Earlier my father had 2 acers of agriculture land and he transfered his property to my mother through registration(gift deed) and patta ,mutuation is done. Now my step mother approached to RDO to cancel that patta. We received notice from RDO stating that we have to attend infront of him for enquiry.? Could you please advise us to what we have to speak in front of RDO. Also pls explain the rights of RDO to cancel the patta. Thank you! Regards,
Hi,
This is M.A RAHEEM KHAN Advocate @ lawrato.com
your father has two wives then both the wives have equal rights on the said property, but in your case your father already transferred the property to your mother through registered gift deed, on that ground your step mother never claim any share in your father property. but there was some loop holes in transaction through which your father gifted property to your mother on that basis your step mother filed petition to cancel patta .
it better for you to consult Advocate along with all the necessary documents to deal your case.
This is M.A RAHEEM KHAN Advocate @ lawrato.com
your father has two wives then both the wives have equal rights on the said property, but in your case your father already transferred the property to your mother through registered gift deed, on that ground your step mother never claim any share in your father property. but there was some loop holes in transaction through which your father gifted property to your mother on that basis your step mother filed petition to cancel patta .
it better for you to consult Advocate along with all the necessary documents to deal your case.
in your question you did not mention that whether your father is selfly acquired the gifted property or it is devolved from the ancestors, if it is self acquired property your father has right to gift the property to your mother if it is not self acquired property he has no right to gift the property.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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