liberty ross (none) 17 March 2012

Paternal violence

sir,

I am a business graduate 25 yrs old. We have a nursing home build by my maternal grand father. that property was given as a gift deed to my father. my father expanded that property. i am the sole heiress. as my only brother passed away.. 5 yrs back.. mother is alive.. i stay separate from paternal house ..Now father wants to add my name in that property,as a joint holder if i agree to marry according to fathers choice.

Now i have a steady relation with a friend for years. i want to settle with him. He is not financially in a very strong position. My father is creating pressure upon me to break-up with him. and marry a guy of his choice..he threatens to lodge a police comlaint against my boy friend. I am afraid to marry my boy friend because of my father threatenings. to harm his future..please suggest :

1. What legal step can i take to refuse that said property ?

2. how can i save my boy friend immediately and take legal actions against my father ?

3. can my father cause any problem if yes, then what kind of , with our conjugal life if i choose to marry my boy friend ?

4. will i launch a GDE in the local ps of my boy friends home address anticipating paternal interference before marriage ?

5. can my father get any kind of consideration from court on humanitarian grounds (as brother passed away ) if i refuse paternal property and donot keep any contact with my parents after marriage.. rather is it compulsory for married women to look after their parents provided they donot stay in maternal house ?

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3 Replies

Shantilal Pandya ( Advocate) 17 March 2012

Originally posted by :Shantilal Pandya
"	The gift deed in favor of your father in respect of the property is abolute, your father is the sole owner of it . you have a choice to marry with any one you like, your father cant in law create ,troubles so as to deter you for your selection, you can file police complaint apprehending possible distrubance or unlawful activity of your father You may not refuse the prperty so long as your father call upon you to do so, the sons and daughters are equally lible to maintain INFIRM parents , for more to contact ,	"

Ranee....... (NA) 17 March 2012

Dear Author, your father has experienced and your well wisher.You though have attained majority in the eye of law, people of this age can not take decisions wisely and correctly.Judge your boyfriend without his knowledge if he would love/marry you if your father disown you.

If your father disown you can you make yourself satisfied with the limited money of your boyfriend.If you have so much self-confidence that you can leave your father's property and struggle for a new financially stabled life then proceed with b/f.This is not legal advice.

You are 25 years old, so you can marry him at Aryasamaj mandir/court.

(Remember, marrying him is not ending, it is beginning )

1.You no need to do anything .

2.Get married in court or mandir (dont forget to register it) .

3.No.

4.yes and do it.

5.It is your moral duty to look after your parents.

Adv. Chandrasekhar (Advocate) 17 March 2012

first I clarify the legal right about property. Your father is the absolute owner as on today. You are not the sole heiress. If he does not leave any will and after his demise, your mother and yourself are entitled half share each. If that happens and then also you do not want to enjoy that property, you can relinquish it to any other person of your choice or to any organisation which is involved in phylonthropic activities.

You always carry your age certificate. You can file a information complaint in the p.s. apprehending parental interference in your matrimonial choice. Register your marriage under special Marriage Act. After that any false complaint will be filed againnst your husband by your father on the ground of kidnapping and forceful marriage, you can show your age certificate and marriage certificate and the case will not proceed further.

In the event of your parents require financial assistance in their old age, it is your legal liability to maintain them.