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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.



Learning

 9 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     11 June 2010

 

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? no

 

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. when you are major atleast age of 21 years.

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? Yes as it is given in writing by your father.

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) not possible without actual survey nos.

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

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. It has to be your father as guardian of you and your property.

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. He has to justify all things and if not justified or have not provided you exps. Then he may have to return the same.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     11 June 2010

First of all, you can file a case of maintenance from your father.

Further, you may demand your share in the property of your mother or whole property, if you have documents mentoniong about return of articles.

You may gather all the propery records, if you know the property and contact any local lawyer and he will collect all the information about land, your bank loans and other importanct concern documents.

Regards

1 Like

P V RAVI KUMAR (ADVOCATE)     09 August 2010

You must be knowing the area of your properties is it not ?. Contact village officer of that area, go through the Field map sketch you can find your mother's property survey numbers. With the help of the survey nos you can obtain certified copies of the transfer documents (if registered in your names) from concerned area sub-registrar office.

Regarding bank account pass books as you have become majors you can produce your date of birth proof, ascertain bank account from the bank and branch where you are having account and deal accordingly. i am ready to help you out in this as i belong to your own place.

raja gopallavan tayi (attorney)     11 August 2010

u can have the share in the property of your mother...... for more details u can contact me such i can explain to u

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     08 September 2010

Dear Godwings,

I suggest first you approach the elders of the village, where you father stays and ask for settlement of the property matters becoz when u have the support of villagers, you can your property in the earliest mode. Even after you make request for partition of properties of your mother through village elders, you have every chance of going to the court, by that time your villagers will support your case and they may co-operate you in obtaining certified copies of you properties as well as in obtaining the details of the Bank and Branch of your account.

Even if you approach any advocate or detective to obtain above details, it would make u very costly and expensive.

 

S.A.Narasimha Rao Karri

Advocate

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     08 September 2010

Dear Godwings,

First of all, you approach your Grand Father (Mother's Father) and get the details of the proeprty given by them in the name of their father (i.e. Survey number, extent of land, village and Mandal Name, year of purchase by ur grand father of mother) and also enquire whether you got any property from ur father's father also.

I also suggest you to approach the elders of the village, where you father stays and ask for settlement of the property with the support of villagers, this way you can get your property earliest.  If he dont cares to partition of properties of your mother, even after you make request for partition of properties of your mother through village elders, then also you have every chance of approaching the court, by this, even your villagers will support your case and they may co-operate you in obtaining certified copies of your properties as well as in obtaining the details of the Bank and Branch of your account. even during the period of evidence to depose before the court.

 

After obtaining the details only if you approach a reputed lawyer, he can give justice to you but with out your efforts in obtaining the details of properties, a lawyer cannot give you appropriate solution.

Even if you approach any advocate or detective to obtain above details, it would make u very costly and expensive.

 

S.A.Narasimha Rao Karri

Advocate


 

TheGodWings (Freelancing)     12 September 2010

Hi.,

Thank you for all your contribution to me. Sorry for the delayed reply. I went to my native village for getting some of the documents. It totally took more than 50 days but finally I got some of the documents. My father tried very hard to show the influence on those government People. Initially I was failed. But after my sister’s husband involved, things become easier.

Here is the full stoty link

https://linksgen.com/legal-advice-needed/

 

Here are the updates:

I tried to meet the village elders, but no use, my father rejected to settle this matter. I met my father-in-law (My mother’s brother). But he tried to get profit through us. He is now asking the gold and land back (what his father gave as dowry for my mother). I also met my grandparents.  They said they don’t have anything to do. They are now depending on their sons (my father and my mother’s brother). They are saying that everything is in the hands of their sons. My father make a meet with us in the presence of some relatives and my sister’s husband and his father. At this time they came to agree for giving my sister’s share in gold and half of his land rent. (Kavulu. Normally it is 20,000 per year for acre. They agreed to give only 10,000.) And they fully rejected to surrender my share and my land. And the condition for this is my sister has to sign in the presence of a lawyer that she never sold any of the property until their death (my father and his second wife who is only 9 years older than me). My sister rejected and now she also wants to sale her property. My sister’s husband secretly video recorded all these conversation.

Documents I had with me:

1.)    My land Title Deed, My sister’s Land Passbook under the bank loan. I had true copies of these documents and mortgage deeds from sub-register office.

2.)    Pahanis on the name of me and my sister for that said land. (2.5 Acres Land each)

3.)    True Copy of Sale Deed for the ancestor’s property which my father sold in the year 2005.

4.)    Tax (Tasilu) receipt for our land which we paid recently for the last five years.

What I want to know:

I am fully law-illiterate. So I am seeking some advice regarding the same.

1)      How can I sale my property. If my father is saying like he had some right on that property, how the buyers can buy our land. If I can sale that land, we will go on our way and will never back to my village. (There is none for us in our village.)

2)      My father took the gold and kept in loan. The only evidence I had for this is the video recorded in the recent meeting by my sister’s husband.

3)      Can I appeal to court as the sale of ancestor’s property is not valid? I had the true copies from sub-register’s office. Only my grandfather and my father signed on those.

4)       How can I go to court? How much should I pay for the lawyer. Which court should I go? (Sub-court, District Court or High-Court). If it is sub-court, then my father had much influence to change the results.

 

Thank You.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     13 September 2010

Dear Godwings,

Congratulations for obtaining some documents of  the property, it is better if you are able to contact an advocate of Hyderabad, so that he can advise the requirements which are really important and how to guide your local advocate, where the property is located by this you can save many trips to your local advocate.

Further, as you have stated that you are totally illeterate of law. It is better if you are able to contact your advocate of hyderabad and later advocate of ur advocate, where ur property is located

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 September 2010

* Further, as you have stated that you are totally illeterate of law. It is better if you are able to contact your advocate of hyderabad and later advocate of ur locality, where ur property is located


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