Encroachment of privately owned property by sons
I am 72 years old, married woman, asthma patient, house wife and have 6 children (4 sons & 2 daughters) who all are married now and settled in their own houses and business.
Myself and my husband have no good relationships since marriage. He used to harass, torture and beat me.
I own a housing property in Ahmedabad, Gujarat on my name which was brought to me by my brother's support who had passed away long back.
My sons did not take my care after their marriages and were living separately and I used to live on the income coming from one of the 3 shops constructed in front of my housing property, my two younger sons were using rest two shops.
In 2009, I fell very ill and went to my youngest daughter's house to live. My shops in front of my house were destroyed due to new construction of municipal road meantime.
My husband and sons demolished my house and tried to start construction to build shops on the land in my absence.
Me and my daughter rushed to lawyer to get a stay. We also went to police but they did not register any case saying that it is a family matter, you should file a civil case.
A court commission was done and a temporary stay was given by the court but soon my sons started constructing 3 big shops illegally without my or municipal permission.
I again looked for help of my lawyer to stop the construction and also went to municipal corporation office to inform the illegal construction.
My lawyer again sent notice to all the involved parties but the notice was not issued due to fault in address change.
Municipal corporation destroyed the construction twice but finally my sons and my husband succeeded to complete the construction by showing it as a housing property.
My lawyer did not pay enough attention to my case this time and we later realised that he was in connection with my husband and children. I pleaded my husband and children to send me maintenance and at least give one area to live but they refused to do so.
In 2012, there was a death in our family (in laws) and I was to visit my relatives in the in-laws circle. I was scared that once I go there, my sons and my husband would pressure and torture me to transfer the property rights on their name, hence I executed a sale deed on the name of my youngest daughter without open declaration and then went to stay at one of my another sons who was not involved then in this matter.
I had to stay there a bit long as there were again other deaths in the relatives family. My this 2nd elder son meantime fought with the two younger ones to get one area of the property which was a shop by now without municipal permission and somehow brought me the keys and asked me to put it on rent but I was not aware of his malicious intentions. I gave it to a tenant who said he will give the rent in a day or two which never came to me but to my this 2nd elder son.
I had asthma attack and rather than using the shop income on my health with a good private doctor my son admitted me to a govt hospital where I had to climb stairs during asthma attack.
My youngest daughter came to see me but my 1st eldest son threw her from the stairs. She went back crying.
In 2014, I escaped my 2nd son's house and again came back to my youngest daughter never to return back.
I asked her to declare the property transfer by putting her name on electricity bill and she did so.
We also went to court to make an affidavit of declaration of the same but somehow the news leaked and my 2nd younger son, his wife with other younger sons' wife came to the court compound to kidnap me, me and my daughter somehow escaped the place and then registered a police complaint which never yield any action. We later realised that our lawyer leaked the information.
Soon we received a legal notice from my husband from the civil court claiming to make my sale deed null and void.
We hired a new lawyer to again get cheated by the professional. He took money and issued notice to municipal corporation and my husband and sons. However; he did not care to correct the address of our old case of 2009 or club it with new claim.
He also asked us to send complaints to collector's office, police commissioner and the local police stations which never yield any actions. He also filled a case of maintenance etc to just increase the cost.
We meantime asked our tenant to have an agreement done so that he would pay us the next rent, he agreed and did so, though he left the property with in few months which was encroached by my sons against which we filled a police complaint.
Meantime, one out of the two younger sons gave another shop on rent with a fraudulent rent agreement by his name against which we filed a police complaint and asked our new lawyer to issue a notice and file a case. He again wanted money for this and we paid.
My son came running to my younger daughter to not to file a case and he was ready to compromise. We waited for the compromise to happen but after some delays and excuses he again gave the shop on rent to another person this time without doing any rent agreement this time.
My daughter went to meet this new tenant where my sons and one of my daughter in law beat my daughter and against which she filed an FIR in police station after a big struggle with the department.
My husband filled a rejoinder to stop us going on the property and also stop us to rent it out or sell it.
This time we were counselled by the judge and pressurize by other party's lawyer to go to the mediation court for settlement which we refused to do.
Now our own lawyer is forcing us to settle the case for peanut amount or pay an additional fees to get his NOC if we want to hire a new lawyer. He is in a way bullying us.
Meantime, one of my daughter in law has launched a domestic violence case on my daughter and her husband who are my only caretakers and are married since 2003, this is to mentally harass them and get money from them.
Pls.guide.