Dv act

My grandmother is residing in Delhi. I heard that in Delhi it is retrospective and we can do case.

Please suggest

what is dv act sonia?

IT is Domestic Violence act 2005

ok sonia but i dont think so you can file a case under dv act but you have an another option for  file another case of partition in the property of your father i mean to say u can file a suit being a legal heir of your father  and can get your house as a right of a heir.

 can call me  at 9041629676

https://articles.timesofindia.indiatimes.com/2010-03-23/delhi/28125118_1_domestic-violence-act-dv-act-retrospective-effect

Please suggest can our case will be accepted

There is no question of filing case under DV 2005  act as you said from 1973 you are living seperately. you can file a case for partition as Rahul said, against the property left  by your father provided there is no will made by your father. Any how even if there is a will you can get the share in the ancessestral property. You can also claim against the self acquired property of your father if there no will exist made by your father. But the suit for partition shoudl be filed in the court in whose jurisdicton the property exist.

Sonia, 

Please dont mis use laws for getting some money or properties.. unless you are really affected. Still you dont know about DV and you are not really victim..but you wanted the propertie for that sake you want to file case.  

I guess ethics is very important in life. why do you want to hurt the old lady 

We almosted waited for so many years that she will understand but no result every time when my mother ask she behave rudely. Also they have played lot og games and when my father was insane they taken the property by saying that my father has gifted them .  how could be this possible , through out my life i have seen my mother sufffering and how hardly she has rise up I only knew it .

tell me where my mother has got the justice and you are talking about that old lady

My grandmother is very very rich and throughout my life my mother suffered allot. She don't have even house to live.

She had upbring us very very hard. We only know how we grown up and on other hand my grandmother has unlimited money and many hotels, kothis, office towers, industrial area etc

She should have helped my mother so that we should have grown with no hassel. I had no father since 1982.

So, we have less feeling on my grandmother side.

We hope you understand. Please let us know can we file DV act on my grandmother or not, since case is very old.

If we can file a DV suit on her and if we loss the case what are the other consequences.

I will not file a suit, suit will be filled by my mother

Thanks for you time and guiding us.

Regards

Sonia,

There is no point of emotional or sympathical statements here. I am very sorry to say this you cant file DV case for this scenario. Even if you file, you will not suceed. Since your mother is not staying with your grand mother. Please dont waste your time in this front. 

If you loose the case, if your grand mother advocate is good then your life will be under toss. Please refer 340 crpc, prejury section. if you mis use the law you will have face severe consequences or back fire. 

please think about in positive way and spend your time for improving your quality of life rather than wasting your time to file a some case or DV. Its like pulling tiger tile, your time and money will be wasted. end of the day you have frustration only. 

I am not going to waste my anymore for you in this connection. 

Dear Soniaji,

I'm not a lawyer, just keep that in mind.

I think that you have been rightly adviced by the lawyers that DV Act is not applicable in your case. The best option is to file a PARTITION SUIT as legal heir of your father to get your share of the assets.

You have mentioned that your grandmother is very rich. Therefore you should avoid filing a DV case, because it will only create unnecessary problems for you. 

Try to forget the past & look towards the brighter future that is ahead of you.

Warm Regards

Thanks all.

I agree... we should back out with criminal things. We cannot fight with such rich family.

We donot wanted to come in any destruction anymore.

We will just file civil PARTITION suit, if that can help.

Thanks again for your advice

Regards

Dear Soniaji,

There can be no ifs in a PARTITION SUIT.

As heir of your father, you & your mother have legal rights with regards to your father’s self acquired (assets that were bought with your father’s own income) & ancestral properties. 

Therefore you cannot lose this case.

Warm Regards 

Is this a time bar case, if I file PARTITION SUIT

Thanks again