Dv and dowry act
Sanjeev
(Querist) 11 October 2016
This query is : Resolved
My father passed away in 2009 and we belong to a Hindu Rajput family of Bihar origin.
He has three sons, two daughters and a wife. All his children are married. The eldest brother Sunil stays in Mumbai and works there. The two sisters are also married and one lives in UP and the other sister in Bihar but in a different place than the native home. The younger brother Ravi and the youngest brother Mohan live in the native home in Bihar. The youngest brother Mohan takes care of the mother and she stays with her. She is suffering from a serious disease but is doing well. The younger brother Ravi and his wife are not behaving well with the mother. The house in which they live is in the name of the mother and it is registered in her name. The younger brother Ravi is living happily with his wife in the same house and has two children on one floor.
Due to the bad behaviour of the younger brother Ravi and his wife, mother wants to send them out of the house and evict them. When she say this to the younger brother Ravi, he says that I will implicate everyone in Domestice violence Act and Dowry Act. There is high probability of Ravi doing this in future. The younger brother Ravi and youngest brother Mohan got married after father died. The youngest sister also got married after the father died. Father got Sunil and his eldest daughter married while he was alive.
How can I prepare from now itself so that when the younger brother Ravi files the DV and Dowry case against the eldest brother and his family, youngest brother and his family, mother and the family of sisters so that the case can be proved false and foiled?
What are the legal options for my mother to get the younger brother Ravi evicted from the house in which he is living?
Can the eldest and the youngest brother not file DV and dowry case against the younger brother Ravi?
We have ancestral property and some property in the names of the three brothers whis is mostly agricultural land. The three brothers have signed on a 1000 rupee stamp paper that they agree to divide the mentioned property in the stamp paper which is in the names of three brothers in equal shares among the three. The stamp paper has not been notarised. For ancestral property the three sons are already legal owners after father and for individual property they three have already consented in the signed stamp paper. My question is even if the 1000 Rupees not notarised, is this still a valid document and can it be taken in court and is it legally binding for the three brothers? Can the agreement be notarised now and a copy handed over to each of the brothers? What else can be done to make the agreement on Rs 1000 stamp paper more valid and binding. If Sunil and Mohan want to initiate division of the ancestral and name property how can they initiate even if Ravi does not agree to go for it?
Sometimes, Ravi says that mein chawallis karwa dunga on the agricultural land so that no one uses it for some time for cultivating crops. What is this chawallis? Is it some section of the IPC and what is the full name? Is it 44, or 144 or anything else?
Ravi also withdrew money from the mother's joint account by forged signature and also sold the soil of the agricultural land of Sunil without consent and earned 4-5 lakhs of Rupees because Sunil stays in Mumbai. These incidents happend 3-4 years ago. What can be done now?
Ravi is also forcibily using the Agricultural Tractor to earn his livelihood which is in the name of mother. Mother does not get a single penny from the income earned from the Tractor. What can be done by the mother?
Guest
(Expert) 11 October 2016
Mr. Sanjeev,
From the whole long story, it does not give any sense, where Mr. Sanjeev (you) stands and for what purpose.
Also, if "Ravi says that mein chawallis karwa dunga on the agricultural land," better ask him what is that chawallis, instead of putting the experts to test conditions or expecting them to act as astrologers.
Rajendra K Goyal
(Expert) 11 October 2016
Lengthy query.
Author need to reply the observations from expert.
Kumar Doab
(Expert) 11 October 2016
Local terms may be avoided.
Everyone may not understand exact meaning.
Generically speaking: Registered family agreement/proper partition with measurements seems to be one of the solution.
The mother may take charge of all assets.
The mother may record all threats and keep evidence.
Local counsel may be approached and matter be discussed in detail and all mentioned documents be shown for a considered opinion.
adv.bharat @ PUNE
(Expert) 12 October 2016
using local word make it difficult to under stand the fact of case.
Rajendra K Goyal
(Expert) 12 October 2016
Since it is family matter, it is better to take help of elders / society effective people / family friends / your lawyer to arrive at the amicable solution and to get the matter amicably settled.
How are you concerned with the query?
For more specific advice, all related document need to be referred, discuss with local lawyer after showing all documents.
Rajendra K Goyal
(Expert) 12 October 2016
You said:
How can I prepare from now itself so that when the younger brother Ravi files the DV and Dowry case against the eldest brother and his family, youngest brother and his family, mother and the family of sisters so that the case can be proved false and foiled?
Answer ;
These days the scene is changed, enquiry has to be conducted in before arresting family members.
Your mother can lodge complaint with senior citizen helpline. Similar counter cases can be filed by others if matter increases.
You said:
What are the legal options for my mother to get the younger brother Ravi evicted from the house in which he is living?
Can the eldest and the youngest brother not file DV and dowry case against the younger brother Ravi?
Answer :
She can file case of domestic violence if all possibility of amicable settlement ends, Can call senior citizen helpline.
Rajendra K Goyal
(Expert) 12 October 2016
You said:
We have ancestral property and some property in the names of the three brothers whis is mostly agricultural land. The three brothers have signed on a 1000 rupee stamp paper that they agree to divide the mentioned property in the stamp paper which is in the names of three brothers in equal shares among the three. The stamp paper has not been notarised
Answer :
I doubt the property is ancestral, get the fact confirmed by showing all documents to local lawyer.
Daughters have share in the ancestral property / property of their father what about their share?
Only brothers cannot take full land themselves.
Rajendra K Goyal
(Expert) 12 October 2016
You said:
My question is even if the 1000 Rupees not notarised, is this still a valid document and can it be taken in court and is it legally binding for the three brothers? Can the agreement be notarised now and a copy handed over to each of the brothers?
Answer :
Unregistered partition deed / agreement may not be entertained during evidences. You can get it notorized it now also if all parties agree to it.
Rajendra K Goyal
(Expert) 12 October 2016
You said:
What else can be done to make the agreement on Rs 1000 stamp paper more valid and binding. If Sunil and Mohan want to initiate division of the ancestral and name property how can they initiate even if Ravi does not agree to go for it?
Answer :
Not a valid documents, may move to court after consultation with lawyer.
Rajendra K Goyal
(Expert) 12 October 2016
You said:
Ravi also withdrew money from the mother's joint account by forged signature and also sold the soil of the agricultural land of Sunil without consent and earned 4-5 lakhs of Rupees because Sunil stays in Mumbai. These incidents happend 3-4 years ago. What can be done now?
Answer:
Old matter, if wish may be avoided.
Mother can file criminal complaint with the police regarding forgery.
Bankers would also be liable.
Complaint may be lodged with the Bank to refund unauthorized withdrawal.
Rajendra K Goyal
(Expert) 12 October 2016
You said:
Ravi is also forcibily using the Agricultural Tractor to earn his livelihood which is in the name of mother. Mother does not get a single penny from the income earned from the Tractor. What can be done by the mother?
Answer :
Mother can sell the tractor, other brother can purchase new.
Sanjeev
(Querist) 12 October 2016
chawallis may mean 44 which prevents one from using an agricultural land. I think it is sec 44 of IPC not sure though
Kumar Doab
(Expert) 12 October 2016
The suggestions have been advanced.
Prefer to consult a very able counsel in person.
Guest
(Expert) 13 October 2016
If not sure about 44, ask Mr. Ravi what that be, instead of expecting the experts to be astrologers and telepaths to read the mind of your brother and to answer your question.
For other problems, you or your mother has to hire services of a local lawyer to file the case in the court of law. Better do that first. Come here afterwards, if if your own lawyer is not able to help you appropriately in court's trial.
Rajendra K Goyal
(Expert) 13 October 2016
Agree, should consult in detail with local lawyer.
Kumar Doab
(Expert) 13 October 2016
Another advantage is whenever required you can approach in person.
