Regarding Property dispute between mother and son.
Guest
(Querist) 06 July 2010
This query is : Resolved
Dear Experts / Learned Friends,
Regarding Property dispute between mother and son.
If I have not properly constructed the sentences or given information in a very detailed manner, please do not mistake.
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Please see the following and express your views :
Mother (aged about 75 years) orally committed her last son, Velu for a floor (i.e. upstairs) during his engagement in the year 2000.
Based on the commitment, the floor was supposed to be constructed as a single portion.
But, due to Kumar’s (her first son) idea, the construction was done with two single portions (with almost equal. sq. ft.) and only one portion was given to Velu.
Velu and his wife were staying in the portion given to them (which has only one room approx. 150 to 180 sq. ft.). (That is one portion only given and another portion was used by Kumar i.e. let out by Kumar for monthly rent).
Velu was an ignorant and his family members (i.e. his three brothers, three sisters and mother) have taken advantage of his ignorance.
Velu’s son is studying in 5th standard and Velu is now realizing his ignorance and requesting his mother to honour her commitment by providing him the second portion also.
All the family members are trying to confuse his mother in order to avoid giving Velu the second portion.
Query
Whether Velu has any legal rights to claim his share equally like others have ?
Whether Velu’s family members (i.e. brothers & sisters) can throw Velu out without giving even the single portion, where currently he & his wife with son are staying ?
Velu’s brothers are abusing him and his wife.
One of his brothers is a drunkard, who is threatening Velu’s son, while coming from school and going out for classes. (Now, Velu’s son is scared and he wants either his father or mother to take him to classes or to leave outside, if he wants to go to his friend's house).
Can Velu lodge a complaint with local police station detailing his problems or what are the remedial measures, Velu can exercise ?
I shall wait for your able guidance with any case laws, if possible.
Thank you so much.
adv. rajeev ( rajoo )
(Expert) 06 July 2010
If the properties are ancestral velu can claim his share in the properties. And if the properties are his father's and if father is not alive then also he claim his share.
Raj Kumar Makkad
(Expert) 06 July 2010
In the given facts, first of all seek police assistance as abuses to child is an offence which his uncles are committing daily. Such abuses are against the proper development of a child so lodge police complaint in this matter.
Now come to main point. Oral commitment has no value in the eyes of Indian Law. So your client has got no exclusive right to claim for second floor just on the basis of any time made oral commitment by his mother but your client has every right to secure his possession by way of injunction order to be granted by civil court. Your client Velu can pray Court to make partition and possession over the whole property left by his father.
Velu cannot be thrown our of his house by any other legal heir of his father.
Guest
(Querist) 06 July 2010
Dear Rajeev Sir,
Thanks for your response.
Dear Raj Kumar Makkad Sir,
Thank you for your detailed response.
I have some clarity now.
In fact, I was about to send e-mail to you seeking for some legal provisions / case laws, luckily you have attended my query.
Thank you so much sir.
Guest
(Querist) 06 July 2010
Raj Kumar Makkad Sir - Can you guide me to get any similar case laws and legal provisions so that I can advise Velu accordingly ?
