LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

itishree patnaik   09 October 2009 at 16:52

senior citizen property protection

Sir , with due respect I want to show the truth of justice in our country without any hesitation I can show you the darkness of judicial system of our state. Despite of several laws’ provisions for the senior citizen a 75 yr old widow having a mother of 7 children and house of her own is struggling for shelter. She is forced to The lawyer son and daughter in law threatening her to give their share from the property that she is having as a house of her own. that is the only asset to live in. The daughter in law threaten her to book in dowry case and the son is a drunken on the top she/he use slang language and abuse her to the possible they can for the last 15 yrs. she could not tolerate the abuse and took shelter of the law. she went to the mahila commission and child and women development commission to get help from them. Honorable director of wcds mrs usha padhi gave a bunch of hope and suggest to file a domestic violence case against her son and appointed a protection officer .Due to the negligence of the protection officer it took 2months to file the case. There after the protection officer suggested appointing an advocate so that he look after the case properly. Unfortunately within this neglected period the lawyer son filed a case of partition and injunction suite. as he is a advocate by profession he hired the advocate easily and got the order in his favor. The judgement order is a Xerox copy of the response ……..
Civil cases in our country take years to settle which is known to everyone. S o the mother is no where now she has to fight for the fake case to proof her own properties which authenticate her ownership on document. Till the case is not finalized she could not stay at her own house in this situation. Because she is having hyper tension diabetes she could not tolerate the situation and could not call the police too. doctor advised her not to take any risk by un necessary tensions. With limited pension money which is not even sufficient to manage daily expenditure she has to fight for justice by paying money to the advocates.

As a senior citizen if children starts making nuisance for property does she not have any rights to deprived the way ward child from her property ?At the age of 75 does she not have get the justice asap so that she can enjoy rest of her life in a peaceful manner ?

Point to be noted the honorable judge given the judgment without considering a 75 yr senior citizen .If a person is a lawyer then it seems that the judicial system is a playground for him. The person attends the court in a drunken condition in day light.

DVA has got a separate value and hope for a women. Where the old lady will go? There are lot of articles come for social revolution in this topic. But unfortunately only planning and discussions in use nothing comes out of it. the 75 yr old widow suffers for 15 yrs despite of taking all socio economical burden of the drunkard son and his family. There is no protection for the old lady. The judgment only safeguards the drunkard lawyer.

If in our society the people like the drunkard lawyer starts abusing old parents for property matter then god knows where the parents will go. Like this 1000s of parents facing similar kind of problem and suffers till the end of there life time. This will encourage such nuisance in society if not given proper attention by police or judicial system.
I pray for justice that my mother should not lose her rights on her own property. We as civilians should protect our old parent’s interest so that they should not be harassed or abused by anybody in the last lap of their life.
I need solution for this problem.
what should i do now.

shrikant chavan   09 October 2009 at 13:11

hindu Succession ACt

Can anybody help me to clear the concept fo hindu joint family.
In respect of ancestra proerty devolution by will and partition. What is the effect of the got married and made partition after and before amendment carried out 2005.

pls let me know the case laws relating to the same.

ponnala   09 October 2009 at 10:39

Probation of Will in A P State.

Dear Experts of forum,

This case pertains to A P , and i was told that the Probation of will is not necessary in Andhra Pradesh State. Is it true?

And friends i need clarification;In this case the property had come to Legatee from a Widower.Where she distributes Two Sy. Nos. say 1 & 2 among the Three persons, includes her i)Daughter, ii)Son-in-law, and iii)son-in- law's adopted son's Wife, And further in the will she uses the sentence, that " all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Shri.****(Legatee)"Mr. X", after my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of lands which are under my occupation "
Here again some of the lands were with her own son-in-law "Mr.Y"( Under occupation since 1953, not parted under any instrument).(She has only one Daughter, And the legatee is Son-in-law's Brother).
In the above contest who owns the Property, And During the Life time of "Mr.Y",he disposed of the lands under his Occupation . Can this act, of his (i.e "Mr.Y") is proper in view of The Will?

Kindly Guide me.

With regards....




ABC.......   09 October 2009 at 02:07

Divorce

Wife has been harassed by her husband and due to continous dowry demands by her husband and inlaws, she wants to lodge an FIR and fight case against her husband inspite of the fact that a lot of time is usually spent till decision by court. Please advice on what all I should do.

Ria   08 October 2009 at 22:59

plz help

hi,i got remarried 15days back..my problem is my spouse has double standards..for me he is different and for my family he is different.in front of my family he becomes such a gud man that i don't find any words but in front of me he is totally different.he is dominating,quralsome,possassive,cunning. as he was also a divorcee from his first marriage, he wants a full control on my mind.i speak this to my parents but they are not ready to listen it.as per them, need to compromise as this my also second marriage and they don't want a break off,nor even the boy.. he doesn't reside with his parents.

Plz suggest me how to get a divorce from him without my family's support.

mahesh kumar yadav   08 October 2009 at 15:51

divorce

can any one tell me about the under what circumstance can we file divorce petition filed and what is the limitaion period, and can any one explain when we can file maintainance petition and what would be the maintanance amount can be granted in the Andhra Pradesh

shrikant chavan   08 October 2009 at 11:31

Hindu Succession Act

Thank u Sachinji and rajeevji,
further i want to know that can coparcener devolve his share in the property without partition and without consent of the other coparcener by will(testamentary)
and if A left his legal heirs W-widow, S1 and S2-two sons and D- one daughter,
will they get same share?

Whethere D daughter get equal share to the both her brother S1 and S2 ?

Whethere D, S1 and S2 get equal share individualy?

when all the properties are ancestral property.
If A made WILL of the 1/2 property then how does the property devolve.
Is it valid will?

Ramesh   07 October 2009 at 18:10

Adoption and its Denial.

Dear Forum members,

In case,a female child was given in adoption. But , adoption deed is not prepared,giving and taking the child is taken place.The child grew up in adoptive father's place, and in school certificate the adoptive father name is written/given. Now because of some peculiar reasons (Tricks played by adopted son in the family) , the adopted father is denying the adoption( Both the adopted parents died). And Biological father says he gave his child in adoption ,hence did not have any relation ship with the girl to the family. Now what she do.... Who is her father?

Thanking you all in advance.