Opinion please
shuma
(Querist) 30 April 2013
This query is : Resolved
Hi
My mother was a Professor. She passed away on 21st Nov, 2012. It is known to all that she invested her entire life’s earning in the house in which my father started residing with another lady and his son from mid March, 2013, even without informing us. I and my elder sister are married and settled in different place. Everything in that house right from curtains to all electronics and furniture’s were brought by our mother and some by us as we both are working. She also got the actual 5 rooms house extended to 10 rooms, got it painted, electrified, plastered and renovated. Beside these she also builded a house by taking home loan on the same plot of land, it is given on rent. She got a Will drawn by a lawyer who is also our family friend and very close to our father which I came to know now.
Now, the issue is that the plot and the house are in our father’s name and the Will is still in the procession of the lawyer and is not disclosed to us by both our father and the lawyer. My mother told me about the Will when I visited her last June, i.e, June, 2012.
My father is also trying to take the family pension and gratuity without declaring to the authority that he is re-married. Not only this his lawyer friend also called up my sister’s husband and told him to inform us not to visit our house in Assam. We are in big shock that our father is doing these but now water is going over the head and we have to take some strong action.
We have doubt that he may even sale the entire property even without informing us. I and my sister want to take our mother’s property out. How do we do this? We also want to take legal actions against our father and his lawyer friend. Is it possible to complain in Bar Council against his friend for not performing his professional duty and get his license cancelled? Apart from complaining for committing fraud what other charges we can put against our father and all those who helped him in getting that lady at home? Can we claim for injunction?
Property is located in Assam. My mother was Hindu and father is Muslim.
Needs urgent help please.
P. Venu
(Expert) 30 April 2013
There are no easy suggestions solutions. The question involve many a questions of law and fact. Please contact a local lawyer.
prabhakar singh
(Expert) 30 April 2013
The story seems to have run in frustration of fantasy.
The main question to begin with is that when
your mother was a hindu and your father is muslim then how did they solemnized their marriage is a basic untold by you?
I agree with Mr.P venu there are no easy suggestions.A lot of table conference is required.Better see a local civil law practitioner.
Advocate M.Bhadra
(Expert) 30 April 2013
You mentioned that your father is a Muslim and your mother is a Hindu then there are question of Solemnization of marriage and concerned the marriage.Also the property is belong to your father's name so there is question of Muslim inheritance.
Some lines are taken from an article in "lex bidhi"
Islamic law of inheritance for women are different from the religions like Christians, Jewish, Hinduism and Buddhism. In some countries customs rather than Islamic law has excluded women from inheritance so, the position of the Islamic law of inheritance among these laws has always been challenging. Inheritance law is of foremost importance in Islam. Islamic law, as a matter of fact, deals with the issue of legislation from a real perspective that considers all the dimensions which man-made legal systems may ignore.
Before the emergence of Islam, there was no or minor form of inheritance. The inheritance law existed only for male, Women themselves were objects of inheritance and they were considered part of the possession of a man so they had customary laws. Sons inherited what their father had. And if some one had no sons then his property and his wife, was inherited by his brothers.
At such a critical juncture of history, Islam brought about a revolution in the domain of human thought and outlook towards women and established the right of women to inherit and has distributed the inheritance in a very upright way. Islam has brought about a revolution in the domain of human thought and outlook towards women and has established the right of women to inherit and has distributed the inheritance in a very upright way. (Dr. Hussain, n.d).According to Ara (n.d.), this determined share is calculated by Allah Himself and can't be changed.
"The Muslim law of inheritance comprises beyond question, the most refined and elaborated system of rules for the devolution of property that is known to the civilized world." (Rumsey, 1825-1899)
You should contact with a local lawyer who have knowledge in Mohammedan laws.
Rajendra K Goyal
(Expert) 30 April 2013
The property is in the name of your father and it would be quite difficult to prove that the same was developed by your mother and even proved also the case would be decided on the merits. You should contact a local lawyer who can advise in all the complicated and complex issues and help you in the matter.
Sudhir Kumar, Advocate
(Expert) 30 April 2013
perhaps you could explain it better.
it is apparent that lad is registered in father's name and you have nowhere claimed it to be ancestral.
you nowhere said your parents wedded under special marriage act so the marriage is apparently void.
you say that it is well know that your mother's earning were spent in the house probably you have no proof.
y6o9u say that your mother told that she will will the property and there is a will and you do not have copy of the same. so there is no will
apparently your claim based on the facts so far disclosed is nearly zero.
Better meet nearest available lawyer with all papers and seek his guidance.
shuma
(Querist) 01 May 2013
Thank you all for your kind and prompt responce. My parents had civil marriage/court marriage and I have documents to show that she has taken lone for building a house in that plot and also took other lones from time to time. Also I have prove that she had made will, because she told it to few of our family friend as well. I also have documents to show that my father started with the family pension work fraudulently. With proper guidance I can also start looking for other evidence. I and my sister have doubt that he may even sale the property, can we stop him from doing so? He is totally neglecting us because we are girls and the lady he got re-married to is having a son. The lady he got married to is almost 30 years younger to him and her son is of 11 years.
P. Venu
(Expert) 01 May 2013
The question is whether your mother had any property in the superstructure in the land held by your father. This could only be decided by a competent court.
As regards to gratuity and pension, departmental authorities go by the declarations made by the deceased employee. In the normal course, the spouse entitled to receive the benefits.
P. Venu
(Expert) 01 May 2013
The question is whether your mother had any property in the superstructure in the land held by your father. This could only be decided by a competent court.
As regards to gratuity and pension, departmental authorities go by the declarations made by the deceased employee. In the normal course, the spouse entitled to receive the benefits.
Sudhir Kumar, Advocate
(Expert) 01 May 2013
I disagree.
remarried spouce is not entitled for pension even if he is nominee. Unmarried and unemployed daughter is eligible.
it is irrelevant if you believe your mother made a WILL as you do not have even copy of the same. You should have original.
P. Venu
(Expert) 01 May 2013
It is question of fact. The querist has only stated that her father is residing with another lady. Information is lacking whether they are married or otherwise.
Moreover, father is a Muslim. Though bigamy is a misconduct, public servants of that faith can have more than one wife with proper permission.
The querist has not stated that her parents are legally divorced. Hence it would be too hasty to conclude that the father is not entitled for pension or gratuity.
We also do not know whether the querist is married or otherwise.
prabhakar singh
(Expert) 01 May 2013
Those who marry registering under Special Marriage Act,their intestate Succession is governed by Indian Succession Act 1925.
Pension issue well discussed up to now.
Now you need to ascertain:
1.What are the properties left by your mother?
2.Did your mother earned any ownership right in land owned by your father merely by raising constructions over it?
If not ownership right then of what type in law it can be?
Would or can it be called to be a permanent irrevocable licence from your father to mother?If yes, then could it be oral?
Or your father would plead a gift in cash.?
Or what is legal impact of the lifetime exercise of your mother even if gets proved to have been done.?
3.Is there any Will from mother?
if Yes!then who are its beneficiaries?And in whose custody the will is?Are there any schedule of properties given therein?
4.Is it wise for a claiment to accept existence of a will never seen just on hear say where lawyer told to be in custody of will is connived with father of claiment and has not made any discloser to heirs so far.
THIS is WHY i suggested you to visit a local civil lawyer.
Raj Kumar Makkad
(Expert) 02 May 2013
Engaging local lawyer and seeking his opinion on the basis of relevant documents shall definitely a better option for you instead of posting it here.
shuma
(Querist) 02 May 2013
Thank you all. I am currently located in Greater Noida, can anyone please suggest me a good civil lawyer who is having expertise in the aforementioned matter.
ajay sethi
(Expert) 02 May 2013
search LCI data base for lawyers in Noida
