Family dispute regarding property.
Varun
(Querist) 29 August 2016
This query is : Resolved
Dear expert, Firstly will take some time in explaining the scenario. I am the youngest of 3 children, an elder brother and sister. My brother has been legally adopted by my uncle from my father and sister is married in 1996. My father passed away in 2003 leaving behind his property to me and my mother, so technically I am the only Son my mother has now. I was sent to.boarding school since young and my sister married.of very early leaving only my mother and father alone.at home..but from whatever experiences I had when I came home for.holidays, my father because he.was.bed ridden, was physically and mentally tortured and abused by my mother and a another man, this went on for years, and from what I understand, my.mother also married this man without my fathers knowledge, .Now that I questiined.my mother about her relation she.has moved.out of my house and stayong with my brother who had been adopted by my uncle. So what legal remedies.do I have to.make sure that my mother does not give away the.property to my brother or to the.other man.?? Please help..
Ms.Usha Kapoor
(Expert) 30 August 2016
Dear XClient,
YOU FILE A SUIT FOR DECLARATION OF TITLE TO SUIT PROPERTY IN QUESTION UNDER DISPUTE(YOUR FATHER'S LEFTOVER PROPERTY0 and possession of the property against your mother, your older brother and the other man if you know his details and your uncle.You may have to give some hare to your older brother.Get issued a Legal notice first to them. Contact a good lawyer to do his legal bit in helping you.Your mother may not get any property if you tell in court that she led an unchaste life during your father's life time and was harassing your father physically and mentally along with the man whom she seems to have married subsequently. That marriage is void and that man is guilty of adulatory and bigamy..
Ms.Usha Kapoor
(Expert) 30 August 2016
Dear XClient,
YOU FILE A SUIT FOR DECLARATION OF TITLE TO SUIT PROPERTY IN QUESTION UNDER DISPUTE(YOUR FATHER'S LEFTOVER PROPERTY0 and possession of the property against your mother, your older brother and the other man if you know his details and your uncle.You may have to give some hare to your older brother.Get issued a Legal notice first to them. Contact a good lawyer to do his legal bit in helping you.Your mother may not get any property if you tell in court that she led an unchaste life during your father's life time and was harassing your father physically and mentally along with the man whom she seems to have married subsequently. That marriage is void and that man is guilty of adulatory and bigamy..
Varun
(Querist) 30 August 2016
Thank you Kapoor Maam,
Regarding my older brother, since he has been legally adopted by my uncle, who also has passed away, does he hold right to property owned by my father, and also do I hve to.file a suit against my mother for.declaration of.property title. All the property is now on my mothers name which she got by virtue of succession, so will filing a suit help.
Thanks a lot for you help.
Guest
(Expert) 30 August 2016
Mr. Varun,
I have noticed your query to be quite vague. Extreme artificiality in your story is quite evident in trying to delink all your family members from the property of your father, i.e., your brother, sister as well as mother. Not only that you have blameed your mother to be ill treating your father and further asuming her to have been married with another man.
The question arises, if she was married with another man, why she preferred to live with your brother, instead of that another man after the death of your father?
Further, why your uncle allowed her to live with his family members (adopted son), if your mother had had illicit relations with some other person?
Still further, you have not clarified, by which process all the property could get in the name of only your mother, instead of being shared amongst the eligible legal heirs, may be you, if you think only yourself to be eligible legal heir?
Another question arises, who used to bear your hefty expenditure of boarding school, if your father was being tortured/ ill-treated by your mother?
Not only that the title of your query speaks about "family dispute regarding property," but, except your vague story, you have not mentioned what type of dispute about property has been raised by whom? You have made a mention about how to serve your own interest that your mother may not give that property to your brother or some other man.
All these points clearly hint towards the story to be merely a hypothetical one.
Better explain the real facts, if there is even a slightest truth in your story.
Kumar Doab
(Expert) 30 August 2016
Senior Expert Shri P.S.Dhingra has illustrated.
You may reply.
Kumar Doab
(Expert) 30 August 2016
>>> If your deceased father was Hindu and property was self earned/acquired:
It shall devolve upon his ClassI legal heirs; Mother, wife, sons and daughters.
(except son that was adopted by valid deed/means)
>>> If your deceased father was Hindu and property was ancestral/HUF:
It shall devolve upon his ClassI legal heirs; Mother, wife, sons and daughters.
(including son that was adopted by valid deed/means as he got rights by birth and this right shall survive despite the adoption)
>>> The adopted son shall continue to have rights in the property that was vested in him before adoption.
>>> Your mother's marriage (if it can be proved) during life time of her husband, with another man is illegal, invalid.
Kumar Doab
(Expert) 30 August 2016
The query was posted as anonymous at:
http://www.lawyersclubindia.com/experts/Family-dispute-regarding-property--614116.asp
Rajendra K Goyal
(Expert) 30 August 2016
Whether your father expired?
If not, you can get a registered will / gift of property in your favor, if he agree.
If expired:
Whether your brother was legally adopted (whether it is legal adoption).
The property of your father would be inherited by you, your sister your brother (if not adopted legally)and your mother equally if expire intestate.
If the property was given to / is in the name of your mother, Your mother can sell / gift / mortgage / bequeath a will for the property you have no claim.
Kumar Doab
(Expert) 30 August 2016
The author has posted that:
"My brother has been legally adopted by my uncle from my father and sister is married in 1996. My father passed away in 2003 leaving behind his property to me and my mother"
As per author the owner (father) has deceased and brother is legally adopted.
Author was replied accordingly.
It was believed that owner was Hindu.
Further author may show all docs on record to a very able counsel specializing in such/family/civil matters.
P. Venu
(Expert) 30 August 2016
It appears that the author is less than honest with the facts.
Raj Kumar Makkad
(Expert) 30 August 2016
It seems no room to enter. Anyway experts have seriously attended the query.
Rajendra K Goyal
(Expert) 01 September 2016
Agree with expert P. Venu ji, the author seem to be not honest while giving facts in the query.
Kumar Doab
(Expert) 01 September 2016
Author should prefer not to conceal facts from his counsel.
Otherwise as per his post his query has been responded.
Rajendra K Goyal
(Expert) 28 September 2016
Under the circumstances, the thread may be treated as resolved.
Raj Kumar Makkad
(Expert) 28 September 2016
I do agree with the advice of Rajender Goyal ji that the thread may be treated as closed/say query resolved.
Kumar Doab
(Expert) 29 September 2016
I to concur with Mr. Goyal.
