Property dispute - 2 marriages
1 year ago
Dear Sir/Madam - My mother is second wife of my father, while his first wife is NOT legally divorced and still alive. My father has 2 children from first wife and 2 children from second wife. (I have 1 sibling and 2 step siblings). My father bought a residential flat in the name of my mother 20 years ago. All the documentation is in the name of my mother only (nowhere in the document it is mentioned that it is financed by my father). My mother gifted me this residential flat through registered Gift deed 10 years back.
Now my stepsister is planning to file a case to claim her right on this residential flat.
The question I have is -
a) Can court accept this case claiming her right on the property which I currently own and possess
b) If accepted, will the court enforce 'stay order' on this property by which I will not be able to sell this property.
Please advise. Thanks in advance
Your stepsister may be able to file a case claiming her right on the property you currently own and possess, given that she is a legal heir of your father who acquired the property. And if if her case is accepted, the court may enforce a 'stay order' on the property, preventing you from selling or disposing of it until the matter is resolved. Please seek an expert legal advice over this matter.