LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

TheGodWings (Freelancing)     10 June 2010

Help Needed for a women against her father.

Hi.,

My name is HLM, and I had one young sister SM. I am 28years old and my sister SM is 26 years old. (We both are females.) Our birth place is Guntur Dist., Andhra Pradesh.

 

We don’t have any knowledge in Law and code. And we are seeking help from law professionals and a good lawyer too if I am legally qualified. Here is the situation.

 

My mother and father got married in 1977. At the time of marriage my mother’s parents gave a dowry of 5 acres land on my mother’s name along with some gold (400gms).

 

My mother expired in 1992. Still we don’t know the reason for my mother’s suicide. My mother side relatives told that my father killed my mother for not bringing extra dowry, but my father claims that she committed suicide because of a silly reason (and the reason is quarrel for kitchen items).

 

When my mother expired, my mother’s parents want to complain on my father, but they were compromised by the mediators. But they took a written statement on what they gave as dowry and written promise to hand those properties to us later.

 

Immediately after six months of my mother’s death, my father remarried other women. My father and his parents told that “As we are child, we need another mother”. But immediately after my father’s second marriage, my step mother separated us. My father left us at his parent’s house and they lived separately.

 

When we are majors, my father transferred all my mother’s assets on our names equally (For the sake of Loan from bank). My father holds all our assets documents, our bank account books, land tax books and the gold also.

 

My sister fell in love with her classmate RK. After we moved to Hyderabad for the sake of job, my sister was in live-in-relationship with RK. I too lived in my sister’s house as I don’t have anyone to live with.

My father or my step mother never cared about us, but they paid all my college fees and living expenses after we moved to Hyderabad. We lived by the help of my father’s father (Grand Father) pension. When we are at college (after 10+2), all the fees are paid by my father. Before that he never looked at us. After the graduation, we moved to Hyderabad for career. At this time, he sent money for our monthly wages.

In November 2008, my father and relatives came to know that we are living with a third person in Hyderabad. (My sister SM is in live-in-relationship with RK and I too stayed with them.) My father along with their relatives came to Hyderabad and taken us forcibly to our native place Guntur. (This happened when I was 26 years old) They house arrested and harassed us in Guntur. RK meet the Guntur DCRB branch police with the help of his father and uncles, and explained the situation. They filed a case, and forwarded the case to Bapatla PS. Bapatla CI sent constables to my home and demanded my father to bring us both to PS for statement.

 

But my father taken signatures on blank promissory notes by my sister SM and left her near the Bapatla PS. He just left SM near Bapatla PS, he was not surrendered SM in Bapatla PS. They secretly changed me to another relative’s house nearby Machilipatnam in Midnight. As RK seeks only my sister SM, they two returned to Hyderabad. In a week later, without knowing the situation, I escaped from relative’s house and back to my sister’s house. After six months, I was separated and living individually.

 

My sister SM and RK got married and they are now living happily. I don’t want get married. I want to live myself without any marriage.

 

Recently I contacted my father regarding my mother’s assets. He stated that he don’t want to give our properties to us. Instead, he offered some money for my living expenses. I rejected the offer and demanded the surrender of our properties. But he rejects by scolding me and my mother.

 

What are the proofs I had?

1.)    Complaint details which is filed by RK and the statement given by my sister SM at Bapatla PS.

2.)    Recorded mobile conversation with my father regarding the assets.

3.)    Written statement given at the time of my father’s second marriage. (It was with my mother’s father, and he is ready to give it to me when I needed.)

 

We don’t have any details or evidences on my mother’s death. But just a few days before my mother’s death, there is an issue regarding dowry. There is no evidence about this. Just only words from my mother‘s parents and brother.

 

We don’t have any document regarding the land. All are with my father. We only looked at them barely once at the time of transfer. But my father took crop loans on the name of us. We never looked at the bank account pass books. He holds each and every document.

 

What I am looking for:

 

Note: I am at 28 years old and my sister is 26 years old. My sister SM is on my side.

 

1.)    How to get our documents and pass books back from my father. As we don’t have any one on that village, I want to sell that property and want to buy a house in my living place. Can my father object this sale in any manner?

2.)    What is the specified age to surrender my mother’s assets to us? Is it was after the marriage or when we are majors.

3.)    As I don’t want to get married, can I demand my father to surrender my mother’s land? Do I have the right to fight for my mother’s assets before marriage?

4.)    Is there any way to get the land documents from sub register office without knowing the land survey numbers? (I know the location of land, but don’t know official records of land like survey numbers. It is a crop land)

5.)    As my father neglects his responsibly (not taken care about us), can we seek any returns from my father legally.

6.)    Who is the responsible person about our expenses? Is it was my father that has to bear all the living and educational expenses. I want to know the responsible person for our living and educational expenses when we are minor, major before marriage, after marriage.

7.)    What about the profits from the crops by our land. Do my father had the authority to consume all my profits or is he has to return the assets with profits.

 

Please someone advice me on how to approach and let me know what are the rights that I can fight for. If you do know any good lawyer, please recommend.

 

Thank You.,

HLM



 1 Replies

Guest (Guest)     11 June 2010

<!--

Dear Ms. Godwings,

You said - "When we are majors, my father transferred all my mother’s assets on our names equally (For the sake of Loan from bank). My father holds all our assets documents, our bank account books, land tax books and the gold also".

If above statement is correct, almost all your problmes are solved.  Nothing to worry. Now the question is how to obtain the original documents and possesion of the immovable and movable properties.  The answer comes in the following paragraphs.

 

[if !supportLists]-->1.)    <!--[endif]-->How to get our documents and pass books back from my father. As we don’t have any one on that village, I want to sell that property and want to buy a house in my living place. Can my father object this sale in any manner?

       First of all, you have to find out the details of the imovable property (land) and location and tiltle rights of those properties.  It is to verify whether actually the lands are in your sisters' names or not.  For that you engage an advocate and ask him to search and file the report and also file the photo copies of the title deeds to you.  This can be done by local lawyer  where the lands are situated.  All the records are available with the Sub Registrar Office (may be Mandal Revenue Officer in A.P.).  It is easy job and the advocate can do that job with a small fee (you may also accompany him to see yourself the original record).  Once you satisfy that the lands are in your name, you can seek the duplicate copy (certified copy) of the same from the Revenue Office by filing requisite fee.  In the case of bank pass book, you can get a duplicate pass book by applying the same in the bank branch and by showing your identity card.  If the account is in your name, bank officials immediately supply the pass book.

       If the title of the lands is on your name, you can sell it or retain it or whatever you want you can do it.  Generally, the duplicate certified copies will do for the purpose of selling the lands.    But if you think that you need original title deeds or  the buyer insists for your original title deeds, you have to file a civil suit from the place, where the land is situated or where your father is residing seeking the handing over of title deeds and rendition of accounts and interim benefits.  If not only the title deeds but also the illegal and unauthrized possession is  with your father, the suit has to be filed for not only handing over of the title deeds but also recovery of possessionn of the immovable property. 

F

<!--[if !supportLists]-->2.)    <!--[endif]-->What is the specified age to surrender my mother’s assets to us? Is it was after the marriage or when we are majors.

       You both sisters are entitled to the share of your mother's assets, when you become major (18 years) and it is not related to your marriage.

<!--[if !supportLists]-->3.)    <!--[endif]-->As I don’t want to get married, can I demand my father to surrender my mother’s land? Do I have the right to fight for my mother’s assets before marriage?

       Yes, Madam.  Certainly.  You can not only fight but also definitely win.  Your rights on the share of your mother's property has nothing to do with your marriage.  Assuming that you would marry in future, then also, your rights on those properties are absolute and you need not share them with your husband.

<!--[if !supportLists]-->4.)    <!--[endif]-->Is there any way to get the land documents from sub register office without knowing the land survey numbers? (I know the location of land, but don’t know official records of land like survey numbers. It is a crop land)

      If you know the location of the land, the patwari will give you survey number and also help you to find out the record from Sub-Registrar's office.  The local advocate also can do the same thing and after doing that, he will give you a search report on his letter pad with his signature and stamp, so that you can do transaction about that land with any buyer.  If the land is not mortgaged, he would also give "no encumberance certificate".  The method I said here is legal and proper procedure.

<!--[if !supportLists]-->5.)    <!--[endif]-->As my father neglects his responsibly (not taken care about us), can we seek any returns from my father legally.

      Yes.  You can ask him the profits he earned out of your properties from the date you became major till date less the amount he spent on your education and livelihood.  He is liable to pay that amount to you.

<!--[if !supportLists]-->6.)    <!--[endif]-->Who is the responsible person about our expenses? Is it was my father that has to bear all the living and educational expenses. I want to know the responsible person for our living and educational expenses when we are minor, major before marriage, after marriage.

       As per law, till marriage it is father and later on husband.  But in your case, as the immovable properties are there, after you become major, you can ask for the income he earned out of your properties less expenses spent by your father.

<!--[if !supportLists]-->7.)    <!--[endif]-->What about the profits from the crops by our land. Do my father had the authority to consume all my profits or is he has to return the assets with profits.

      No. He does not have authority to consume all the income comes out of assets.  He has to return them.

 

      For solving your problems, you have to engage an advocate with good civil practice.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register