Can son take fathers land by force
yusuf
(Querist) 27 October 2016
This query is : Resolved
Hi There
Please can you advise on the following
My father purchased land around 1985, he then married my mother (his 2nd wife) in 1991 but sadly divorced in 1993.
My father has 4 children from his first wife (who he is still married to for over 60 years)
And 2 children from his 2nd wife (who he has divorced and no longer married with)
When I was a minor at the age of 14, my father decided to put all the names of my siblings who are from first wife and also my brother, however as I was underage it was not possible to add my name.
Last year my father removed and cancelled all siblings names from title deed because my blood brother (from my father’s ex-wife) committed a crime and usurped 15 lakh rupees wrongfully so father decided he cannot trust him and to insure he is fare removed all the names form first wife children and also my brother from my father’s ex-wife ( my mother).
1. I would like to know as my father promised when I was a minor he will add my name on title deed but now he is refusing, Is he by law forced to add my name now as I am an adult as he agreed when I was a minor?
2. As the land is what he purchased ( NOT INHERITED FROM MY GRAND PARENTS) and belongs to my father can do as he pleases to sell, donate, or gift to whom he wishes to or dispose of the land as he sees fit?
3. What act can I refer to for reference and clarification in this matter?
4. The magistrate court and the collector both decided in favour of my father, but on appeal the judge has ruled he should add all the siblings names from both current wife and his ex-wife my mother.
5. My father is now going to make appeal in high court to overturn this ruling as in Islam and I have been informed the Mohammed law in India (we are Muslim by religion) does not allow children to usurp by force what belongs to father, is this also correct.
I look for your support in this matter
Thank you
Adam Yusuf
Rajendra K Goyal
(Expert) 27 October 2016
How the names were entered?
How the names of siblings removed?
What documents were prepared, whether registered?
Rajendra K Goyal
(Expert) 27 October 2016
1. Fact Can not be proved beyond doubt.
2. He is owner of land he can sell it.
3. Discuss with your lawyer. No act / law seem to be applicable for your claim.
4. Full case file and decision need to be referred.
5. Discuss in detail with your lawyer in reference to personal law applicable to you.
yusuf
(Querist) 27 October 2016
siblings names removed via magistrate court
Rajendra K Goyal
(Expert) 27 October 2016
Full case file need to be referred, discuss with your lawyer.
T. Kalaiselvan, Advocate
(Expert) 30 October 2016
1. Your father cannot be forced to transfer the property to your name or anyone's name agaisnt his wishes if the property is his own and absolute.
2. Your understanding is right that he can very well dispose the property in any manner he may desire or choose and to anyone of his choice.
3. Transfer of property act.
4. The court has no power to force your father to include the name of his children in the property records, your contention is not understood.
5. The appeal is the right choice for your father to retrieve his property and his rights in it.
yusuf
(Querist) 30 October 2016
My father originally did transfer into names of children in 2014, but due to my brother bad action (usurping)15 lakh in dishonest way from father, my father can not trust any children so he applied to magistrate court to remove all children name and put back in to my father only
Magistrates court decide in favour of father, and when my mother (father ex-wife) make appeal to collector, decision still in favour of father.
My mother then make appeal to court with IS OFFICER AS JUDGE who now make favour for siblings and overturn magistrate court decision and collector decision.
Rajendra K Goyal
(Expert) 31 October 2016
How the land was transferred, if it was registered gift deed, it can not be cancelled without consent of all. Whether it was settlement or dividing of the property?
You have not clarified.
If the court has reversed the decision of collector, appeal can be filed.
yusuf
(Querist) 31 October 2016
No gift deed was made, only that my father put names of children as family land and children in future will be owner when father not in this world.
Land owner is father as he purchased 25 years ago with his own money
adv.bharat @ PUNE
(Expert) 01 November 2016
Yusuf u belongs to sunni or shiya community?
U can answer the query raised by expert.
R.K Nanda
(Expert) 01 November 2016
consult local lawyer.
Rajendra K Goyal
(Expert) 02 November 2016
The transfer had any legal validity is doubtful.
Full case file need to be referred for advice.
