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Sale forgood   08 March 2021

Wife's torture

Hi Sir,

This is about a family issue between my dad and mom. I'm the only daughter and child of my mom and dad, I'm married and living with spouse and kids.
My dad and mom is living together(marital life) in a same house in a different place. Dad and mom have been in a bad relationship for several years and recently there have been lot of friction and issue is more intense.
My mom have been helping her family especially her brother and family since my childhood and they are getting lot of financial help from mom. Her brother don't have any job and never worked.

My mom is retired and still lot of her pension money goes to her brother. 
May mom and dad are getting into some arguments and recently she had given false police complaints two times against my dad. 
She continuous rage, anger, screaming. My dad had to react to this with rage and anger as it's been too much. She has been revenging and torturing in these way and said many times, "I would make you handcuffed by Police". 

As a daughter, I'm frustrated and concerned about my dad and our assets(not inherited, this is self earned/self acquired). It looks like she is trying to give the assets to her brother and his kids. So I have couple of questions to support dad.

Self earned property mentioned above are the movable and immovable properties they possesses after their marriage.

  1. I feel like she has been misusing the immunity she gets from the law for being a woman. How can we deal with this so she won't complain against my dad and defame him?
  2. Can my dad also file a complaint under men cell?
  3. How can we prevent the assets going to her brother? Is it possible?
  4. Can she donate the shared self acquired properties to her brother without my dad's consent?
  5. Can I object this as an anticipatory measure?
  6. I'm so frustrated that she doesn't have a moral respect for her family
  7. Though I'm married, don't I have the rights to get the assets under Hindu Law though I'm a daughter?

Thanks,
NMA



 8 Replies

Real Soul.... (LEGAL)     08 March 2021

 How can we deal with this so she won't complain against my dad and defame him?  

This is just common odmestic problem and it is better to keep away from her and don' argue with her.Ignore

Can my dad also file a complaint under men cell?

There is no men cell so far, however he can file simple police complaint for threats he receive.

How can we prevent the assets going to her brother?

If the property belongs to your mother and that is in her own name then she can gift or sell or give that to anyone she desieres. You can only win her heart by making her happy to get the property . Legally you cannot force her to transfer the property in your names.

Is it possible?

No, legally not possioble. However you can file a suit disputing title and all that , that may fetch a stay but that too would vacate one day having no legality.

Can she donate the shared self acquired properties to her brother without my dad's consent?

Yes very much ,it is her property her owned property, she has all the rights to do whatever she wills. 

Can I object this as an anticipatory measure?

No, as i said before you can file suit and stay the transfer for sometime but that will not run longer and will finally get dismissed may be that will take yaers to decide, but she can make a will and will transfer her peoprty in anyone's name 

I'm so frustrated that she doesn't have a moral respect for her family Though I'm married, don't I have the rights to get the assets under Hindu Law though I'm a daughter?

No , as the property belongs to your mother and that is her owned property untill she is alive you can do nothing. If in her life time she gifts or transfers the property to anyone esle you can do nothing. Even she can make a will and the property will be distributed/transferred according to her will.

Sale forgood   08 March 2021

Thank you for the reply.

The immovable property mentioned in the original is a shared property which means self acquired by mom and dad, both having the ownership. Can you reply based on that?

Can she donate or transfer the assets without dad's consent?

Real Soul.... (LEGAL)     08 March 2021

She cannot sell but she can make a will or gift her share in the property to anyone she desieres. SInce property is undivided /unpartitioned between your dad and mom she is barred from selling . You have the case then just file suit for partition and get a balnket stay on the transfer of proeprty.

But  i suggest you ask your dad to make a will for the his sahare otherwsie your mom has share in your dad's property too.

 

Sale forgood   08 March 2021

Thanks again for the reply.

Since they are maintaining a marital life and my moms favoritism to brother and her family has disrupted harmony in our(dads' and mine) life. So can't the legal process remind her to perform marital obligations/the duties of wife and mom in our family. Indian system support the family bonding. So I'm reading some of your previous statements as she can do on her will, so we can't object even if she is in a marital life and can completely ignore her husband and daughter. This is causing a lot of emotional trauma to me.

Also I'm worried if something happens to dad and there isn't a will made from his side, she would have more control on the assets.

 

Real Soul.... (LEGAL)     08 March 2021

That is domestic affair, legally don't have anything like that, we have no  law for enforcing moral and domestic obligations. Just you have to bear it and make the situation smooth by avoiding conflicts as much as you can, However you should ask your father to make a will deed and register that , he can make a will for his respective share and mention  specifically the property as well as any bank account. That is not difficult  Even if he cannot register  just he can make the will simply on paper and get that signed by witnesses . That is not any problem

Sale forgood   09 March 2021

I'm really worried as I'm away from them and don't know what's going on a daily bases. Since her brother is the mastermind of these, I'm worried they may danger my dad to source the assets. Recently dad told him not come to the house, but mom logged a police complaint that dad is not letting him into the house premise.

Isn't it legally possible to stop this guy from coming to our house as he comes to get the bank checks and there should be lot of bank transaction history?

 

Real Soul.... (LEGAL)     09 March 2021

If your father don' want him to enter his home he can file police complaint and even he should mention he feels threat to life due to that persosn, but that will annoy your mother and she could be more cruel to your father. You should get the help of some relative or neighbour to explain them the situation. Your father should make a will for his share. You must tell him to get a lawyer who would be suppourting him off and on. Your mother should know that  he has arranged for the consequences. Nothing else can be doene.

avadhesh Paliwal   13 March 2021

DONT BE PANIC YOU HAVE TO FIGHT IT WITH INTERNALLY IN YOUR RELATIVE AND SPREAD THE NEWS OF YOUR MOTHER BAD HABITS IN YOUR RELATIVE THROUGH SOCIAL MEDIA....YOU KNOW THE HOW MODI IS WINNING THE GAME ONLY THROUGH SOCIAL MEDIA....IT IS VERY PEACEFULL FIGHT....BCZ THERE IS NO LAW OR IF ANY THING THERE REMEDY AVAILABLE IN LAW IS VERY TIME TAKEN......IN INDIA


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