Definition of parental house
Amit Sharma
(Querist) 13 September 2011
This query is : Resolved
Greetings!
We own a property in my mother's name from last 36 Years but we never resided in same even for a single day and same has been given on rent to various tenants till date without rent deed.
Apart from registry in mother's name, Electricity bill and Water bill of that house comes in my Mom's name only.
But as we have never resided there, we have all documents/evidences pertaining to other property, where we have been residing.
Problem is that my wife has claimed that property(Where we never resided) as my parental house.
Kindly guide me how to refute her statement by enlightening on the meaning and facts of my case with regards to 'Parental House'
Thanks
Amit Sharma
(Querist) 13 September 2011
Kindly help me by responding to this. Thanks
Advocate Rajkumarlaxman
(Expert) 14 September 2011
it is your parental house you cannot deny it. but on the contrary you can say that your mother stays there and some part being rented she earns her livelihood. see we have to look inot your matter what is pleaded first you have many ways to mend to your path . it all depends upon the capability of the lawyers and facts putforth at the initial stage of the petition.
Guest
(Expert) 14 September 2011
Can you state for which purpose or to solve what type of problem you desire the information from experts?
prabhakar singh
(Expert) 14 September 2011
Problem is that my wife has claimed that property(Where we never resided) as my parental house. ?????????????
Your wife does not have any legal title on that house nor can she claim any exclusive possession there of.
Under which circumstances and in which proceedings she is claiming it has not been stated by you.
If she is claiming right to accommodation in that Domestic Violence Act,as anticipated by Mr.Rajkumarlaxman you can file objection as advised that you do not reside in that house ,give the boundary and address of the house you live in and tell the house she is talking about is owned by your mother and occupied by tenants and is not vacant.
Amit Sharma
(Querist) 14 September 2011
Dear Sir
Thanks for your response.
The detailed problem is that due to my brother in laws's wife, my BIL, in-laws and wife has been booked under 498a and other cases. My BIL and I reside in Ambala but my father in law wrongly claimed in statements given in police and court that we reside in Panipat, where we have house in my mother's name (However we have never resided there).
Due to their actual involvement in that dowry case and due to their wrong statements/documents, I strongly objected to same and in return they have given complaint in women cell against me for dowry mentioning that 'Balpreet Singh Grover' having parental house at Panipat...
to justify/support their wrong statements/evidences given in my BIL case in police as well as court.
How can i refute their lie. Please help
ajay sethi
(Expert) 14 September 2011
you have stated that you reside in ambala . you must be having ration card , election commission card , passpport etc to prove that you stay in ambala .
in reply to complaint you can mention aforesaid facts and also that at panipat it is your mothers property and that you have never resided in said place .
as far a s allegations of dowry are concerned if no demands for dowry have been made you have nothing to fear
Amit Sharma
(Querist) 14 September 2011
Thanks. I do have ration card, voter identity card for that house. But the present situation is that, we have sold that house in ambala where we were residing and are having proofs.
Now, we have moved to chandigarh and staying in rented house having passport/bank proofs.
Can my ambala house, where we or my parents never stayed (But have registry/water/electricity bill in my mother's name) can be termed as my parental house.
Thanks
ajay sethi
(Expert) 14 September 2011
you have sold the house in amabala . period
you are staying in chandigarh and have the documents of the said rented flat . how long have you been staying in chandigarh? was your wife also staying in same house?
the problem with you is you keep on changing your story . earlier you said we reside in ambala . now its chandigarh .
the ambala house would have been your parental house had you still retained ownership of said house .
Amit Sharma
(Querist) 14 September 2011
Excuse me for the confusion Sir. Let me rewrite my story.
We were having two houses at ambala. We were residing in house 'A' and possess each and every residence proof for same. We sold that house in 2006 and shifted to chandigarh. In 2007, I got married and in our marriage card, address of my chandigarh house has been mentioned by both mine and in laws side. My wife has never been to ambala.
We also possess house 'B' at ambala from last 35+ years, where we never stayed but registry/water/electricity bill is in my mother's name.
Now, my inlaws and wife is claiming house 'b' as my parental house as they have given false statement/evidence in police/court that she has been residing at ambala. The reason being my Brother in law also resides at chandigarh and her wife has put case on my wife as well. To quash the F.I.R she has been claiming wrongly that she resided at ambala.
Now, me and my wife are not on good terms due to above wrong acts/statements. She has given false dowry complaint against me claiming house 'B' as my parental house.
I want to refute her statement. Kindly guide. Thanks
ajay sethi
(Expert) 14 September 2011
your wife is entitled to stay in shared household . the house at chandigarh would be your shared household . since you never stayed in 2nd ambala house and property is belonging to your mother only she cant claim any rights on said premsies
Amit Sharma
(Querist) 14 September 2011
Thanks very much for the clarification.
Kindly enlighten me further that my wife has given house 'b' (2nd House) at ambala (Where we never stayted) as her address in my brother in law's case in police as well as court.
She has also mentioned same house 'b' (2nd house) as my parental house in her complaint to women cell against me.
Can i or my brother in law's in laws can take any legal action against my wife and how can i refute this false statement in complaint against me in women cell.
In women cell she has claimed house 'b' as my parental house to approve her earlier false statement/address given in brother in law's case.
Kindly help. Thanks
girish shringi
(Expert) 14 September 2011
Experts have rightly advised you regarding the IInd house,which is considered to be parental house.
However,you can manage otherwise to prove in different ways to save the claim,which you expert advocate can advice you.
If he can not then feel free to write to my mail given on the profile page.
The best if I can be helpful I can.
