Property and matrimonial issue
debabrata roy
(Querist) 20 July 2012
This query is : Resolved
Q1 Property Issue:
We have a freehold property in C.R.Park. My father constructed a basement and ground floor and expired in 2005. It was a joint property registered in my father and mothers name. We are three brothers and one sister. Eldest is sister and happily married. Elder brother is married and eldest brother will get married in August. I am the youngest son.
In September 2010, all of us signed a relinquishment deed and transferred the entire property to our mother. In December 2010, my 2 elder brothers constructed the first floor. The architectural plan, construction agreement, electricity and water connection were all passed in my mother’s name. However, there was a dispute with the contractor and he filed a false suite and the case is in district court and most probably we will win it. My mother signed a SPA to my eldest brother to take care of the dispute case. My eldest brother’s contribution is 9 lacks and my elder brother’s contribution is 4 lacks for completing the first floor.
My mother is partially paralyzed and my brothers do not take care of her at all. My elder brother is saying that the first floor belongs to him as he has passed the plan and water connection. The entire property tax is paid by my mother. My question is who is the owner of first floor? Is it my mother, eldest brother or elder brother?
Q2 Matrimonial Problem:
My sister got my elder brother married with quite a rich family on 16th May 2012. I and my mother took a lot of care of my brother’s wife. On May 30, 2012, she left our home taking all jewellery with her and said that her mother is not well. When my brother called her she spoke rubbish/lied about my mother and eldest brother. My brother believed her completely and said to my mother that you have spoiled his marriage. He said she is a very nice girl.
We are Bengalis and dowry is not much prevalent among us. On June 04, 2012, the bride’s elder sister came and had an argument with my brother on the first floor. I and my mother live in Ground floor and since my brother does not believe us we did not interfered and do not know what transpired between them. However they took the AC, Bed, TV, almirah as these were gifted by them, although we never demanded anything from them. No cash nothing at all. When they left, my mother asked my brother what has happened and he ignored her.
My sister is very close to my brother as she was the one who got my brother married. When my mother asked her about the incidence on phone she said that they have told brother to divorce and something about dowry and maintenance. But now my sister is not interfering anymore as she would not like to jeopardize her life.
My eldest brother is getting married on August and he is saying that he will look into the matter once he gets married. My eldest brother is a divorcee and my would be bhabhi is a widow.
In the meantime, my elder brother’s wife is saying that she will come back as my brother has convinced her to come back. However, she wants to have a separate kitchen and a separate room as she would not like to share the kitchen with eldest bhabhi. Our first floor has three bedrooms and one drawing/dining, so a separate kitchen and a separate room won’t be a problem as eldest bhabhi will use the kitchen in ground floor.
However, I smell something fishy over here as the bride left without any reason and is coming back without any reason. Her eldest sister is a 45 year old widow living in her husband’s property. Are they trying to trap us in 498a or is this my assumption? Please suggest whether I should wait for a clear picture or do something. Please also suggest a good affordable criminal lawyer if you smell something fishy. Can my mother disown my brother so that we are not harassed?
Regards,
Debabrata Roy
July 20, 2012
Devajyoti Barman
(Expert) 21 July 2012
1. In the context of deed of relinquishment by all in favour of your mother is the absolute owner of the whole property. However since your brother have expended money in further developing the property they could file partition suit to claim share in developer portions in the said property.
2. There is nothing of trap as if your sister in law so wishes she could file 498A anyway. In any case you can retrain her home coming on the basis of presumption.
Thankfully the 498A cases are better dealt with by courts in West Bengal especially in Kolkata.
K.K.Ganguly
(Expert) 21 July 2012
Your mother is the absolute owner of the property as such. She can disown your brothers to get rid of the present problems. However, your brothers shall have to prove that the construction of the house was made out of their money for preferring any claim on the property.
For lodging complaint u/s 498A, she does not have to struggle at all. She has to just go to the nearby Police Station of C.R.Park, lodge a complaint & ensure that all of you are arrested. So, do not presume anything untoward at this stage and give peace a chance for the time being.
debabrata roy
(Querist) 21 July 2012
So if she comes back should we let her come in without asking anything? Please clarify "retrain her home coming on the basis of presumption"
debabrata roy
(Querist) 21 July 2012
If my mother gives the power of attorney to me. Will that be helpful?
