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Ashok (Proprietor)     18 October 2012

Suit for declaration

The presently diseased and the formerly divorced woman, having no son, but having a marriagable daughter, her only child, offered me and I accepted to become the Gharjamai (living-in-son-in-law) after marrying the said daughter and the marriage was contracted in 1997 with Hindu religious rites and rituals etc., thereby giving me all the rights and privileges at par with a natural son of the diseased woman, who became my mother-in-law and also, by the virtue of the wife's holy matrimonial oaths, the rights to use and control even her independent and / or inherited estates / properties and earnings, assets etc., PERMANENTLY and EXCLUSIVELY.

In 2000, the wife filed and in 2003, got a decree of divorce in the Family Court, Pune and since then, we have lived separately.

However, before the filing of the divorce application, the wife had caused a false criminal case to be filed by police against me and by having me arrested illegally, during the period of my detention, entered into my locked rooms within her mother's property, where she had never lived with me and did not have any of her belongings therein, did not have any special need for illegally evicting / dispossessing me from there etc. and thereafter, after my release from the police custody, while I was on bail and sought to return to my residence, prevented / restrained me from entering, backed by her mother.

Now, the mandatory period of 3 years for a suit for repossession and the mandatory period of 12 years for the same suit under the constitutional law has expired and hence I can not apply under such provisions.

However, the said ( diseased) mother-in-law was a part-owner in the property wherein I was thus dispossessed by use of illegal force and I was acquitted of the charges framed u/s 323, 504 and 498-A of IPC in the aforesaid criminal case in 2002, while on the other hand, u/s 250 (1,2,3) of Cr.P.C., the wife was convicted and senetenced to suffer a fine of Rs. 5000/- in addition to the Simple Imprisonment of one month, paid the fine, I got it in compensation for the expenses of the defense and she was allowed the benefit of Probation, never filed any appeal against the relevant verdicts, either of the criminal court or of the Family Court and there is no bar in the decree of divorce against me, about / against the enjoyment and enforcement of my Perpetual and Exclusive Civil Contractual Rights, upon the estates and properties, assets and incomes of the said wife and / or the mother-in-law, arising from the aforesaid and unwritten deed / act / contract / agreement / understanding of the perpetual and exclusive nature, although by the act of the issuance of the divorce decree, only my rights to the companionship / company of the said wife are ruptured and since she has been a Convicted Crimianl, since before that Divorce, it was a relief in disguise for me.

Now the question is as to how I should go about in the exercise / assertion / enforcement of my above rights into the properties inherited from the diseased mother-in-law, which must be at par with the said, divorced wife and also my rights over her separate part inherited from that mother at the same time and in that, since there are 2 properties involved, i.e. (1) A 3 storied building in Pune and (2) A 2 BHK flat in Pune, how should I go about it and in that, what will be the amount of the stamp duty required ?

( The 3 storied Building and the plot on which it stands, is worth Rs. 50 lakhs at least by the market rate, but built in 1951 and hence the valuation, minus the diminishing by the age, will be worth much less.

The 2 BHK flat, while construted, stands on a lease-hold land, granted by the govt., with a very nominal / negligible yearly rent and the cost of construction may be about Rs.2.5 lakhs, minus the diminishing by the age, but worth about Rs. 30 lakhs in the market rate.)

Pl. advise the best course of legal action and the value of the stamp duty involved in each type of the processes in this matter.


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