Widow maintenance & property
Querist :
Anonymous
(Querist) 27 November 2011
This query is : Resolved
My father in law Mr. MAHESH married with LATA, had born eldest a son & then 3 daughters. LATA had died after 1 year of this 4th delivery & thus Mr. MAHESH had remarried with RAMA (younger sister of LATA). Rama born 3 daughters herself also.
Mr. Mahesh purchased a home & registered on his own name, then purchased 2 plots at a time & registered each on name of his wife RAMA & minor son Mr. MANOJ. After some period, he had built also some rooms on 2nd plot & died 8 years ago after married of his 2 daughters. 3rd daughter & the son (MANOJ) married thereafter. After 6 months of marriage, Mr. MANOJ left her widow mother & 3 elder sisters and settled on that 2nd plot saying that “I am not responsible for you ( step mother RAMA & sisters), my mother & father had died already. You are not my mother & sisters.”
He neither looked after his mother/ sisters nor helped financially. So sisters left their education & started teaching in private schools & tuitions.
Few months ago, MANOJ had sold that 2nd plot (constructed), bought another plot by this money, started construction & living also on the other plot that is registered on name of RAMA, without any discussion & information to them. Now he is trying to sell the oldest house also, where his mother & sisters are living. Complete family is puzzled too. Mrs. RAMA & daughters are trying for suicide also, PLEASE GUIDE –
- How can mother & sisters found back the plot, that is captured illegally (Documents available with mother)?
- Can they claim for maintenance charges for past 8 years & future also, how?
- Can the mother sell that plot now to another person?
Raj Kumar Makkad
(Expert) 27 November 2011
The act and conduct of Manoj is illegal. Though he had a legal right to sell out his own plot (registered in his name by his deceased father) but neither he can encroach upon the plot of his step mother Rama nor can sell it.
Rama and her daughters need not commit suicide rather they are required to fight for their legal right to retain not only their own plot but also oldest ancestral house wherein they also have equal right and Manoj has only 1/8 share.
Rama can file a civil suit for injunction restraining Manoj to either sale or enter in her properties or to sale the ancestral house without their consent.
Rama can also claim for her maintenance from Manoj but not for last 8 years. It can be got started from the date of application.
Rama should retain her possession over the plot and if she fails then to file suit for possession against Manoj.
Sailesh Kumar Shah
(Expert) 28 November 2011
Mr. Makkad has left no room to add more. I Completely agree with his opinions.
Querist :
Anonymous
(Querist) 30 November 2011
Thanks sirs for your valuable advice.
I am living at Mumbai & others are in Rajasthan. I have come to know that Mr. MANOJ had submitted a forged NOC (Duplicate signature of RAMA) to Municipal Corporation& Electricity dept. for new construction work and shifting of existing electricity meter at new construction area.
Before it, he had withdrawal 4 nos. of F.Ds of his mother & elder sisters from SAHARA INDIA by using of duplicate signatures as he is an agent of SAHARA. He had used duplicate signatures also for withdrawal of LIC payments of his late father & other deposits from widow mother’s bank account also.
Kindly suggest –
What should do the widow mother for above false NOCs?
Can they suit a matter of 420 also?
How is possible to withdraw from bank account without presence of account holder?
How can we help above widow mother & younger daughters?
Can widow mother give power of attorney to someone or all her 6 daughters?
Can power of attorney holder daughter suit against MANOJ for any above matter.
Querist :
Anonymous
(Querist) 01 December 2011
Dear sir,
Please reply.
M/s. Y-not legal services
(Expert) 27 November 2011
