Legal help
aman
(Querist) 04 July 2017
This query is : Resolved
My father had disowned my elder brother and his wife in the year 2009, in between my father filed a fir against my brother, his wife and in laws u/s 452,323,147,506ipc ,in the counter attack my brother's father in law filed a fir u/s 498a,452,324,504,506ipc against my father , elder brother and me, later they removed my brother's name from the chargesheet and case was remained on my father and me only. They filed another case under DV Act and another criminal case u/s 323 506 ipc against my father and me. All these case were filed back to back in year 2012 and all cases are under trial.since then me and my wife are living with my father and my brother is living separately. Now my brother's in-laws have convinced my father to come on a settlement and my father have agreed for settlement. Now my father is forcing me and my wife to exit from his house, in this sequence on 18 june 2017 my father and my brother fought with us and my brother hit on my wife's stomach who is 8 months pregnant. This incident was recorded in cctv camera but we did not file any police complaint. Now my father is threatning me that he will take back his name from all previous cases and i will have to fight my case alone. He also threatend me today that he will again try to remove us from the house and he will transfer this house to my brother.please guide me what legal options are there for me. How can i stop my father and brother to harm us and removing from house.
Kumar Doab
(Expert) 04 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 04 July 2017
If it self acquired property of your father, you can do nothing.
If he is senior citizen he has protection under the Act on facts and merits.
Get CCTV footage with sound bites and HD and decide if you would like to proceed against brother and parent.
Find an accommodation for you and wife and let your father cool down.
May be he is acting to bring you also out of all cases.
Apply your own judgment.
Rajendra K Goyal
(Expert) 04 July 2017
It seems your father is not interested in giving you any portion of his property.
Take help of elders, near and dears to get the matter resolved.
If no t possible, may lodge case for attacking your pregnant wife.
aman
(Querist) 04 July 2017
Yes we are hindu family- Mr.kumar doab
Kumar Doab
(Expert) 04 July 2017
If the property is self acquired Noone has any forced share in it.
The senior citizen parent can act per provision of the Maintenance and Welfare of Senior Citizens Act, 2007.
Try to resolve amicably.
It is entirely your decision to act against brother that attacked your pregnant wife.
Dr J C Vashista
(Expert) 06 July 2017
Discuss the issues with your father and sort them out amicably.
Kumar Doab
(Expert) 06 July 2017
Hope you shall take it positively.
Legal solutions may not necessarily be extraordinarily be expensive and tiring and stressful.
It is a family matter.
The age old father is entangled in litigation that too in family matters.
Dirty linen is being washed in public.
Try to have a heart to heart discussion with your father.
May be he want to bring everyone out of dispute and spare everyone from future litigation and heartburn.
He might be using the best recourse available to douse the fire, sometime with brother and other times with you, and others..............
It is entirely your own decision to clear the misunderstandings
with personal efforts or proceed legally.
Your father has let his options known.
aman
(Querist) 14 July 2017
can my father and my brother's in-laws make settlement for withdrawing cases without my consent,because i am also a party in all cases (i have described above).
Kumar Doab
(Expert) 14 July 2017
How would you be affected!
What effect it has on case!
aman
(Querist) 14 July 2017
Mr. Kumar Doab,
As i told earlier that my father threatend me to withdraw his name from criminal case which we have filed on my brother & his ni laws( in which i was also injured and my medical was also done ),and my brother's in-laws will withdraw my father's name from dowry & DV act case. After that only my name will remain in dowry and DV act case.
My question is - can my father and my brother's in laws do this to me.
