Harrassment by parents
mayank sharma
(Querist) 14 October 2012
This query is : Resolved
Sir
I fell in relation with a girl of same cast in 2010 and communicated it to my parents for my marriage plans.they kept to telling lies one after one to me that they will arrange the marriage.they have all my documents and proofs which i demanded from them a number of times.They did it in blindness of social status and moneyNow i have realized about their lies and i still want to make marry that girl.I spoke to them for making my own house in the ancestral land.But now they have threatened me to disown from property.I dont want any property from them but simply to settle my little family
My query is whether i can get any share in ancestral land and please suggest me how to proceed if i am willing to marry her.Can i get any relief as they have mental tortured me for more than 2 years due to power,property and money.i am self reliable.
Please help asap
prabhakar singh
(Expert) 14 October 2012
Marrying a girl of your own choice shall not debar you inheriting ancestral COPARCENARY properties,if there are any,even if your parent disown you.
Your parent can ,however,debar you from succession of their self acquired properties by a testamentary document called WILL.
malipeddi jaggarao
(Expert) 14 October 2012
Well advised by Expert Mr.Prabhakar singh as regards your claim on the ancestral properties. As to your question about relief for mental torture, since you are a major, you could as well walk away to avoid the torture if any. Children also should understand the concerns of the parents. Instead of heading with them, you should have convinced them about your stand. If you could not and still wish marry as per plans, you can do it in first instance and later you can claim your share of property instead of asking them before getting married. Time is the best healer of the passions from both sides. Give some time after your marriage and see the result. Your right in the ancestral property (except self-acquired property of your parents - which includes the properties devolved on them by will of your grand parents' self acquired properties). It is too early to think about these steps when you wish to go against your parents for whatever reason.
mayank sharma
(Querist) 14 October 2012
Thanks to both of you for this early response and guidance.Actually I had given them more than 2 years to them and tried each and every possible method to convince them.I also told them this step of mine would create problems for the siblings but of no result.They kept on making fake promises and abused me and girls family just because their social status is high and they are well educated.But I think such status and education is of no use when you use such cheap stunts with your son.I still wish they could have agreed coz they are getting older day by day and nobody will be there to serve them except their money.They wanted a working wife for me but i wanted a caring and dedicated wife for them.But unfortunately all went in wrong direction.
Sir,also please suggest how to get back my documents from them as i have asked number of times but of no result.
Also please tell me when they will be disowning me will the court ask on what basis they are doing that and will i be given a chance to tell that they planning a forced marriage to me.
Once again thanks and Please help.
Once again thanks
prabhakar singh
(Expert) 14 October 2012
It is not clear from your querywhat documents of yours' have been withheld by your parents.
ARE THEY YOUR TESTIMONIALS?
ALTHOUGH A SUIT OF MANDATORY INJUNCTION IS THE REMEDY BUT IN CASE THEY DENY,IT WOULD BE HARD ON YOUR PART TO PROVE THAT THEY HAVE THE CUSTODY?
SO BETTER PURSUE THEM TO HANDOVER OR GET DUPLICATES PROVING LOSS BY FIR AND OTHER REQUIRED FORMALITIES.
DISOWNING IS NOT A COURT PROCEDURE.GENERALLY IT IS DONE BY PUBLICATION.
malipeddi jaggarao
(Expert) 15 October 2012
If you speak about documents relating to ancestral property, many a time documents might not be available with anyone and the title devolves by revenue records/municipal records and possession. Even if they have, during your life time, unless they paritition the property, there is no necessity of documents. It appears you wish to determine your share of ancestral property as you entertain doubt that they would not give your share. In such case you have to file a partition deed in civil court. Hence I advised you, as a first step, if you have decided to marry the girl after a careful thinking about your relations with your parents, you can do so. Wait for few years. In many cases, parents act tough initially and reconcile later. Afterall most of them wish the welfare of the children. The point is whether their thinking will really provide welfare or not would not assessed properly by some parents. Adapt positive attitude, let you and your wife (after marriage) live happily, keep good relations and take care of them. This would defnitely bring a great change in their thinking and they would start re-thinking on the issue and relations. In case this does not work, you have every right to file a partition suit to exercise your rights on the property under acquired by succession. This right can not be taken away from you simply you married a girl of your coice. As Mr.Prabhakar singh rightly commented, for diowning there is no legal method except giving a public notice that they are not liable to your acts and the estate (property) can not be encumbered by you. If they really go publication, you have no choice except to file suit for partition. My final advice is wait and see, go ahead with your plan, still develop positive attitude towards your parents, which would certainly bring the required change in course of time. Time is the best healer.
mayank sharma
(Querist) 15 October 2012
Sirs
The documents which i stated are my id proofs and bank accounts.
