My father's property
Stella Usha
(Querist) 02 December 2011
This query is : Resolved
Hi Team,
My mother left my father before 15 years with the reason that he is regularly using to drink alcohol and everyday beaten my mother. My father made a lot of mental and physical harassment to my mother. My mother left my father to save our (Me and my two brothers)life from him. My father is in Tirunelveli District and we are in Delhi.
She is expecting that he will come and take her back but he never come did. Last year we came to know that my had married another women without divorcing my mother and he had a 5 year old son also.
And we came to know that he sold some property of my grand father to his elder brother and my mother's land (which is gifted for their marriage) without any intimation to us. And gave some land to lease for 8 years.
Kindly give me a suggestion that, is any right or possible to us to claim our grandfather's land and my mothers & what is the right of his second wife & son.
I.S.Roy,Advocate
(Expert) 02 December 2011
Dear Sir,
If such alleged transaction took place with in 12 years then better file a suit immediately on contacting good civil except lawyer who should be genuine one . If it is is more than twelve years then also a civil excerpt lawyer should file more technically in view of Limitation.Otherwise, your suit will be dismissed technically . If you are so interest please contact me on email isroyjury@yahoo.co.in
with regards
I.S.Roy, Advocate
V R SHROFF
(Expert) 02 December 2011
Is the dealing within the period of Limitation?
If you sleep for over 12 years, you loses all your right, and then why the innocent purchaser suffer, who paid full sale consideration to your father??
Your statement shows that in last 5 years, you never went to him or requested him to take back / join family.
DV Act gives second wife, right to share household, residence, mtn.
Son get all right of property of your father.
Apex court ruled, there are illegal parents, not illegal child, why innocent child suffer!.
You have right over your grand father's property, + ur mother's land and can demand thru court.
M/s. Y-not legal services
(Expert) 02 December 2011
I HAVE A QUESTION FOR YOU..
1.in this past 15 years are you in contact with your father?
2.do YOU know about CIVIL DEATH?
M/s. Y-not legal services
(Expert) 02 December 2011
IF ALL OF YOU ARE IN CONTACT WITH YOUR FATHER MEAN YOUR FATHER'S ACT IS WRONG BEFORE THE EYE OF LAW..
otherwise there is a chance to your father to approach the civil court for declaration of civil death.. its mean 7 years there is no information about a person mean law can assume that he/she may be no more..
if your father consulted with any advocate mean he can give this suggestion to your father.,
so now decide your self., am saying there is a chance to this., am not sure.,
rest of this am agree with mr.shroff
