Want to file a case against my father
Santha Kumar
(Querist) 01 June 2013
This query is : Resolved
Hi, My name is Santha Kumar from bangalore
My mother died 5 years ago after that my father got married again and got one kid. i have one brother and one sister, we have a home which we built 5 years ago through LIC home finance and the land was registered in my mothers name. Still we are paying the premium to LIC. Now my father got his second wife to our home and we dont like it and quiet often my father tell my brother to go out of the home as my sister got married and i am working in bangalore. We are OK with our father staying our home but his second wife, we dont want to... How to move on this. Please suggest... recently my father removed my sister's and brother's name from ration card as well. Today my sister went to our home and my father asked her who are you, why you are coming here and all and my sister said its my mother property again my father replied where it is written, just go out.
The LIC home loan is on my father and brother's name
Are we eligible to get our home?
Please suggest.....
malipeddi jaggarao
(Expert) 01 June 2013
If the land on which the house is constructed is in your mother's name, the property belongs to your mother. In whose name LIC Finance sanctioned the loan for construction? If it is in yourmother's name, it is more clear that she is the owner. If it is in the joint names, whose names are included and for what purpose? Some times spouse or children would join as co-borrowers to get more quantum of loan. Please verify the above points.
Second is who is paying the loan instalments? If children are paying, whether they are paying through cheque which can be proved later.
If the above points are in your favour, have a dialogue with your father that you being the children have a right in property and that he can not drive you away so easily simply because he got married again unles the property is purely self-acuired property of your father. Take the assistance of elders to resolve the issue amicably. In the entire process you should show your love and affection towards your father. He got married only after demise of your mother. Do not maintain hostility on this point and exhibit your affection towards him that you are with him. If he adamant you do not have alternative except to resorting legal remedy for your shares.
Devajyoti Barman
(Expert) 01 June 2013
Well your father may be doing this under the influence of his new wife.
He has no right to evict his children from the house in manner.
They can come and stay in the house at their will.
Now if your father physically restrain any of you to enter the house and stay there in you can file suit for partition and injunction from disturbance of enjoying the property freely.
