ancestral property sold by alcoholic father who refuses his 3 daughters their share
Querist :
Anonymous
(Querist) 19 March 2011
This query is : Resolved
respected experts
our ancestral property was sold by my father to a developer. we are 3 sisters, his only daughters. we are a hindu family. we did not challenge the deal as my uncles (father's brothers)wanted the deal and no dispute regarding the property but the day the deal was signed summon was served to my father as we 2 unmarried daughters wanted our share of the money for which demand draft and two PDCs were issued by the developer.
we did not involve our elder, married sister.
the property deal was signed in December and in january the court ordered my father not to withdraw 2/3rd of the money.
the summons werte sent to the developer in january as we wanted them to stop the payment as the first pdc was dated 10 th of march. the second pdc is dated 20th of march 2011.
the developer's advocate said they could not stop the deal as the non clearance of cheque would render the deal null and void.
with the clearance of the first cheqe dated 10.3.2011 my father had 50% of the money, about 3 crores. he has withdrawn the cash and we dn't knw his whereabouts. he visits our house once in two weeks or so or doesn't. previously also he gifted our ancestral house to my mother n took a 15 laks loan from the bank, n didnot give a single penny to us. he's an estranged husband. though he has cleared the due to the bank now.
when we could not get the payment by cheque stopped by the developer we involved our married sister too.
she has recently filed a case against my father n the developer stating the deal illegal and asking for her share. her case went to another judge differnt frm ours n she has a different advocate.
our father refused to accept the summons and the developers advocate came and argued tht they have paid more than 5.6 crores n they cn't stop the payment.
we wanted the court to get the amount submitted in the court.
we r not after the purchasers to pay more, but simply stop paying to our father n give us our share.
as the 2nd cheque is dated tomorrow, th 20th of march n th next hearing in our sister's case is in april what can we do?
our 2 unmarried sister's case 's next hearing is on th 31st of march?
please help
Querist :
Anonymous
(Querist) 19 March 2011
please advice
