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(Guest)

Senior citizen widow, rights and will

Dear Sir/madam Hi, I am A Christian widow senior citizen woman 66year. Earning by husband pension of 1.44L yearly. having 2 children Son and a daughter. There is an old house which was built by my husband long year ago, and it is ancestral property. My Husband died very long time ago after writing (I was present) a WILL That (all rights on all belonging goes to my Wife only, No one shall shave any rights on my belongings. I have got the certified copy of my husband WILL from registrar office) and the property is still in his name. After his death the house was occupied by me. After my son marriage he started abusing psychologically & monetarily to me for not transferring the property into his name. My daughter was denying not to send at Ashrama, but he did not listen to her. He forcibly put me into a mental hospital for my unknow treatment and snatched house key from me at hospital. And grabbed all original property document, REGISTERED WILL of my husband, money, Gold, household items, Pension doc, ATM, furniture everything. My situation become worsen and was feeling like I am slowly being killed. I told my daughter and she saved me, even after my return I was continuing my conversation with my Son and stayed as well with his wife and children. During stay I again noticed the same, asking for property division, and a small share to daughter. Multiple mental torture and problem, restarted. This time I decided to stay with my daughter. As I have no place to stay, I asked him to make the house how it was before and get me everything what you have taken. He denied and filed a case and court has order interim stay order on that property. And I am sked to visit court, Feeling like Either way am being killed here as well, Only my Moral support is my daughter. I went to Police and filled a complaint, during interrogation, Police were supporting my Son, as he denied and says I do not have WILL, he never saw that, and father was not in position to make any WILL. Which is completely lie. He also shown me during my stay with him. I noticed Police is being influenced by something. I repeatedly asked police to file FIR of theft and hep to retrieve the document, also Spoke to DSP, He mention we need court order to file FIR in this case. PI denied and forced me to sign on his statement, that I am agreeing what son mentioned. I did not Sign. I would like your expert suggestion the kind of actions, I should take, that would not be met with a challenge at this age 66Y, from him & allow police to retrieve all grabbed item from my old house, WILL is must. He has plenty of money to buy the best lawyer. And influence people/authorities. Here are my questions & what I want to accomplish. I would be very grateful to a team of very able advocates on this forum to suggest necessary steps at this moment keeping in mind my age(66 Year, Widow) and no one around me except my daughter. (1) I want my husband Original WILL back immediately. and all property document from him, (Police is not supportive) (2) How can I terminate interim stay order? (3) Considering my income and age, I am not able to spend much on lawyer nor influence people, Only my daughter is helping, even she has her own life. (4) Is there a statue in Indian law that would protect a Senior citizen like me & expedite my case?

Read more at: https://www.lawyersclubindia.com/experts/christian-widow-senior-citizen-woman-66year-need-will-origin-736681.asp

Dear Sir/madam

Hi, I am A Christian widow senior citizen woman 66year. Earning by husband pension of 1.44L yearly. having 2 children Son and a daughter.

There is an old house which was built by my husband long year ago, and it is ancestral property.  

My Husband died very long time ago after writing (I was present) a WILL That (all rights on all belonging goes to my Wife only, No one shall shave any rights on my belongings. I have got the certified copy of my husband WILL from registrar office) and the property is still in his name. After his death the house was occupied by me.

After my son marriage he started abusing psychologically & monetarily to me for not transferring the property into his name. My daughter was denying not to send at Ashrama, but he did not listen to her. He forcibly put me into a mental hospital for my unknow treatment and snatched house key from me at hospital. And grabbed all original property document, REGISTERED WILL of my husband, money, Gold, household items, Pension doc, ATM, furniture everything.

My situation become worsen and was feeling like I am slowly being killed. I told my daughter and she saved me, even after my return I was continuing my conversation with my Son and stayed as well with his wife and children. During stay I again noticed the same, asking for property division, and a small share to daughter. Multiple mental torture and problem, restarted. This time I decided to stay with my daughter.

As I have no place to stay, I asked him to make the house how it was before and get me everything what you have taken.

He denied and filed a case and court has order interim stay order on that property. And I am sked to visit court, Feeling like Either way am being killed here as well, Only my Moral support is my daughter.

I went to Police and filled a complaint, during interrogation, Police were supporting my Son, as he denied and says I do not have WILL, he never saw that, and father was not in position to make any WILL. Which is completely lie. He also shown me during my stay with him.

I noticed Police is being influenced by something.

I repeatedly asked police to file FIR of theft and hep to retrieve the document, also Spoke to DSP, He mention we need court order to file FIR in this case. PI denied and forced me to sign on his statement, that I am agreeing what son mentioned. I did not Sign.

I would like your expert suggestion the kind of actions, I should take, that would not be met with a challenge at this age 66Y, from him & allow police to retrieve all grabbed item from my old house, WILL is must.

He has plenty of money to buy the best lawyer. And influence people/authorities. 

Here are my questions & what I want to accomplish. I would be very grateful to a team of very able advocates on this forum to suggest necessary steps at this moment keeping in mind my age(66 Year, Widow) and no one around me except my daughter.

  1. I want my husband Original WILL back immediately. and all property document from him, (Police is not supportive)
  2.  How can I terminate interim stay order?
  3. Considering my income and age, I am not able to spend much on lawyer nor influence people, Only my daughter is helping, even she has her own life.
  4. Is there a statue in Indian law that would protect a Senior citizen like me & expedite my case?
Dear Sir/madam Hi, I am A Christian widow senior citizen woman 66year. Earning by husband pension of 1.44L yearly. having 2 children Son and a daughter. There is an old house which was built by my husband long year ago, and it is ancestral property. My Husband died very long time ago after writing (I was present) a WILL That (all rights on all belonging goes to my Wife only, No one shall shave any rights on my belongings. I have got the certified copy of my husband WILL from registrar office) and the property is still in his name. After his death the house was occupied by me. After my son marriage he started abusing psychologically & monetarily to me for not transferring the property into his name. My daughter was denying not to send at Ashrama, but he did not listen to her. He forcibly put me into a mental hospital for my unknow treatment and snatched house key from me at hospital. And grabbed all original property document, REGISTERED WILL of my husband, money, Gold, household items, Pension doc, ATM, furniture everything. My situation become worsen and was feeling like I am slowly being killed. I told my daughter and she saved me, even after my return I was continuing my conversation with my Son and stayed as well with his wife and children. During stay I again noticed the same, asking for property division, and a small share to daughter. Multiple mental torture and problem, restarted. This time I decided to stay with my daughter. As I have no place to stay, I asked him to make the house how it was before and get me everything what you have taken. He denied and filed a case and court has order interim stay order on that property. And I am sked to visit court, Feeling like Either way am being killed here as well, Only my Moral support is my daughter. I went to Police and filled a complaint, during interrogation, Police were supporting my Son, as he denied and says I do not have WILL, he never saw that, and father was not in position to make any WILL. Which is completely lie. He also shown me during my stay with him. I noticed Police is being influenced by something. I repeatedly asked police to file FIR of theft and hep to retrieve the document, also Spoke to DSP, He mention we need court order to file FIR in this case. PI denied and forced me to sign on his statement, that I am agreeing what son mentioned. I did not Sign. I would like your expert suggestion the kind of actions, I should take, that would not be met with a challenge at this age 66Y, from him & allow police to retrieve all grabbed item from my old house, WILL is must. He has plenty of money to buy the best lawyer. And influence people/authorities. Here are my questions & what I want to accomplish. I would be very grateful to a team of very able advocates on this forum to suggest necessary steps at this moment keeping in mind my age(66 Year, Widow) and no one around me except my daughter. (1) I want my husband Original WILL back immediately. and all property document from him, (Police is not supportive) (2) How can I terminate interim stay order? (3) Considering my income and age, I am not able to spend much on lawyer nor influence people, Only my daughter is helping, even she has her own life. (4) Is there a statue in Indian law that would protect a Senior citizen like me & expedite my case?

Read more at: https://www.lawyersclubindia.com/experts/christian-widow-senior-citizen-woman-66year-need-will-origin-736681.asp


 6 Replies

Pradipta Nath (Advocate)     23 September 2021

Why you have written in so small font?

(Guest)
May I know, How can I increase the Font now .. Please help

Pradipta Nath (Advocate)     23 September 2021

Write afresh, You will find options to increase font size else you can write in word and then paste it in the forum. Or if you are facing hardship, wait till any lawyer manages with this small font and reply you.

Tolentino Colaco   24 September 2021

the will details of which are mentioned above is prima facie defective and may not withstand the test of the law of succession in force in Goa. As per law, the parents cannot deal with their property the way they like. The children will always have the right to half the property of the parents. This is called 'legitime' as per the português civil code and also as per the Goa succession, special notaries, and inventory proceedings Act 2016. the mother in this case is entitled to half the share in the property, and the children are entitled for the balance half share.

Dr. J C Vashista (Advocate and Legal Consultant)     24 September 2021

Too long a story to go through and oblige. It would be better to consult and engage a local prudent lawyer for appreciation of facts and circumstances of the case, professional advise and necessary proceeding.

Kevin Moses Paul   24 September 2021

As per the situation you have explained above it's clear that your son is continuously torturing you both mentally as well as emotionally, and thus it's better that you went off to stay with her daughter instead of carrying on to live with son only.

Now, coming to the legal assistance which you may use in order to prove your innocence and bring out your son's malicious actions as well as his intentions in public, you may quickly consult the Stale Legal Services Authority in order to get a good and prudent lawyer (for legal assistance) in free of cost. This is the best option that you may proceed with especially right now looking at your financial status currently.

The reason stated by the police for non registering the FIR is totally vague and fraud, such police actions contradict the legal provisions/codes/rules. The lawyer can compel the police to file a FIR against your son.

Lastly, the statement given by your son in the police station has to be proved wrong and his intentions are needed to be proved malicious. For this it's better to retrieve back a copy of the WILL from the registrar's office, but along with this you and the lawyer must try to get a record of the previous date also on when the Copy of the WILL was obtained earlier.

The copy of the WILL obtained will help to counter son's statment given to the police that there was never a WILL since father was not in such condition. Once his statement is contradicted it's better to provide with more documents to prove his wrong intentions, for which the medical papers of the Ashrama where you were admitted for treatment.
These papers can prove the son's willful wrong intentions to prove you a mental patient in order to remove you out from any sort of interfere in the property matter.

These documents (WILL and Medical papers) can help in the case as the son's statement will be contradicted and his wrongful intentions will be publicly exposed.

To start with all this and get hold of all these evidence, get engaged with a good lawyer from your State Legal Services Authority because a lawyer will be a good helping tool in the case.

# IMPORTANT PROVISIONS #

⭕ Regarding the SLSA - State Legal Services Authority

The State Legal Services Authority has been explained u/s 357(a) of CrPC, 1973.
I've laid down the section down below for your understanding, do have a look.

✴️Section 357(A) CrPC [Code of Criminal Procedure] deals with — "VICTIM COMPENSATION SCHEME".

The section states that —
(I) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.

(II) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(III) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(IV) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(V) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(VI) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

⭕ These sections are to be used against the police officials for not registering the FIR in your case.
The sections are 166(a) & 166(b) of IPC. I've explained them down below for your understanding do have a look.

✴️Section 166(a) of the Indian Penal Code (IPC), 1869 deals with "Public servant disobeying direction under law".
The section further states that —
Whoever, being a public servant -
(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other, or,

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or

(c) fails to record1 any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

✴️The section 166(b) of the Indian Penal Code (IPC), 1860 deals with "Punishment for non treatment of Victim".
The section further states that —
Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section(1) 357C of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.


Hope everything goes well and you find justice!


Regards,
Kevin M. Paul

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