Ask Me First 23 September 2021

Urgent-our oldage in problem

Dear Sir/madam

Hi, I am A Christian widow senior citizen woman 66year. Earning by husband pension. 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 my husband 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.

I want my husband Original WILL back immediately. and all property document from my Son (Police is not supportive here)
How can I terminate interim stay order by court ?
Considering my income and age, I am not able to spend much on lawyer nor influence people. Only my daughter is helping, to have my rights with me. even she has her own life.
Is there a statue in Indian law that would protect a Senior citizen like me & expedite my case before I die ?

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9 Replies

Dr. J C Vashista (Advocate ) 24 September 2021

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.

G.L.N. Prasad (Retired employee.) 24 September 2021

Immediately approach to DIstrict Legal Services Authority to seek legal aid and also file a petition before District Collector. Both these efforts may not cost you more than Rs.100/- including postage. At the same time meet the Supdt of Police on a grievance day and submit a grievance petition for due investigation on your complaint. If the will is registered as stated by you with Rs.200/- you can get a certified copy.

Ask Me First 24 September 2021

I have reported my complaint to AC (assistance commissioner) when asked about legal Aid they said we do not have as such. Called Supdt Police, He says this is a civil matter, We can not touch. Police are not ready to investigate the theft case, as there is a influence. Certified copy I have got. will this be treated as original in court. In Christian law, is WILL is valid on ancestral property.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 24 September 2021

You can submit your grievances through online in this national commission for woman rights portal. https://www.ncw.nic.in/

Mrityunjaya T S 24 September 2021

(1) You are saying it is a Registered Will - In that case the copy in the Sub-Registrar's office will be sufficient. So firstly, you simply get a Certified Copy of that Registered Will once again to make sure it is still in the Sub-Registrar's Office. The Version in the Sub-Registrar's Office can be used for Legal Purposes even if your son does not return the Original Will. (2) You don't need to worry about the originals being kept by your son. The versions in the Sub-Registrar's office will be enough for legal purposes. (3) File a written complaint and make sure you send it through Registered Post to the Police Commissioner. This will be helpful for Legal Purpose. (4) I think you may have a case for fundamental rights violation. My suggestion is that you contact Senior Prominent Advocates (Example:s Harish Salve does a lot of social work. Another example: Prashanth Bhushan). An eminent/prominent senior lawyer may be able to file for violation of fundamental rights in which case Supreme Court will hear you immediately. Ratan Tata had filed the same (different situation from yours). (5) If you don't mind, do mention your City. I will be watching out for you - let me think of other options - Don't worry - i will try to get more information.

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P. Venu (Advocate) 24 September 2021

The query has already been replied in the Experts Section.

Archana Pandey 13 January 2022

First of all, you can hire a lawyer who can help you to get the certified copy of your husband's will. Also, he will you more under an Act called Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.

Aryan Raj 16 January 2022

Dear Archana,

What are the required documents for making this case stronger in favor of the queriest?

Regards,

Aryan Raj

Archana Pandey 16 January 2022

Also, Mother can file a case under the DV Act as what her son is doing and has been doing is very well covered under that Act. She can be awarded a Residence order by the Court (section 19 of the DV Act) which will give her the right to live in her son's house (as she feels that she is burdening her daughter). She can also be granted a Protection order by the Court (section 18 of the Act). In addition to this, she can file a maintenance application under 125 CrPC and claim the same from her son (who has the means, according to the mother) as her husband's pension is turning out to be insufficient and she feels that she is burdening her daughter financially as well.