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Dwarakanath Cheyyur (Partner)     03 January 2013

Physical abuse by son against aged parents for property

My father-in-law is the owner of a plot in Chennai measuring 2827 sqft with a small house in which he stays and his son stays on a hastily constructed house on the first floor. Both these houses do not have proper approvals for construction. He subdivided an area of 900 sqft of vacant land in front and sold it a couple of years ago. About an year ago he settled 1000 sqft of the balance 1927 sqft to his son and wrote a will saying that the balance 927 sqft will be given to his son after his death. My father-in-law has one son and two daughters (both married). After the above mentioned settlement the son started having arguements with his parents and the relationship was spoilt. So my father-in-law revoked the will and settled the balance 926sqft in the favour of my wife with a condition that the full ownership will be after the passing of himself and his wife. It is also written that this arrangement is final and cannot be revoked. Since the time the son came to know that the will has been revoked and the balance property is also settled in favor of his sister, he is physically abusing his parents. He has beaten them a couple of times and also issuing threats that he will kill me and his sister. He has either bribed the police or they are not keen to interfere in a civil dispute so going to the police is not helping. He keeps lying to the police as there is no proof to his wrong doing. What are the options for my father-in-law in these circumstances. 



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 1 Replies

Rajesh Kulkarni (Advocate)     03 January 2013

 

Hi Dwarakanath,

 

At the very first instance your wife has lodge a police complaint that her life and that of you and your wife’s parents’ is at risk and the reason being your wife’s brother illegal acts. Brief the reasons but putting facts in seeking such protection.

 

“WILL is such an instrument which can be amended/revoked by the testator anytime as according to his wish”

 

Police complaint is must because it shall pay way for your evidence.

 

After the death of your father-in-law your wife shall become owner of the said property by way of WILL and at that time your wife can file suit for Permanent Injunction restraining her brother and his henchmen from not disturbing peaceful enjoyment of your ownership rights.

 

 

Rajesh Kulkarni

Advocate, Hyderabad

7799116901


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