Property dispute/ criminal case
veebee
(Querist) 05 April 2013
This query is : Resolved
-1-
My wife are 7 Brothers and Sisters. 3 brothers are from 1st marriage of my father in Law ( FIL) 3 sisters and one brother from 2nd Marriage.
My wife’s eldest sister (67 years) is unmarried and has chronic medical problems since last 45 years. My father in law expired in yr 2000. At that time my mother in law, (MIL), my unmarried sister in law (SIL) was occupying ground floor portion (half) of accommodation. Other half was occupied by eldest step brother Mr X since 1992 after his retirement. There was tenant on first floor. Mr X had 14 Marla plot at some city which was 25% constructed and rented out. Eldest son after death of my FIL was looking after my MIL & SIL for most of their needs except preparation of food during 2004 , MR X started constructing the balance portion of his house at some city which was completed by Jan 2005, In FEB 2005 Mr X told my MIL that he is shifting to his newly built house . My MIL (81 years that time) requested him fervently for almost a week till he left not to shift as now is the time they require him most. But Mr X did not relent and ultimately shifted to new house, leaving MIL, SIL and bachelor tenant during FEB 2005.
I after retiring from Army during Jul. 2004 joined a private security Agency at Mohali in Oct 2004, and hired 3 Bed room accommodations.
As Mentioned Above Mr X left his Step Mother (81yrs) And Sick, unmarried Step Sister all alone during Feb. 2005. My MIL And SIL were Looked after by neighbors ‘till May 2005.
During May 2005 My MIL requested my Wife to shift into the Accommodation vacated by Mr X. After lot of deliberations and introspection, we shifted in the accommodation vacated by Mr X by end of May 2005.
During May 2006 my MIL wrote a “WILL” which was registered distributing the property to 6 children (3 sons from first marriage, one of her own son and 2 of her daughters excluding her unmarried daughter).
MIL expired on 16 Jun 2012. Before her expiry I and my wife looked them up for all their needs which included all meals also for both MIL and SIL. Twice MIL was hospitalized. No Son came for my help in spite of repeated phone calls to them to look after their old mother and sister. Since May 2005 i. e. The time we shifted in the accommodation no son came to look after their mother. One of the step son never visited her for 13 years. After death of her father, three remaining sons used to visit them very very occasionally to fill in the blank and most disheartdly/reluctantly.
After death of my MIL in Jun 2012, my wife and her elder sister applied for 1/7 share of property to Estate Office along with Mr X. After death of MIL her real son who was living at some other city shifted in the accommodation where his mother used to stay.
During Sep./Oct. 2012 my MIL real son submitted one Registered “Will” of his father, to Estate Office. The ‘Will” was written in 1993 and altered in 1994. In the ‘Will” FIL had distributed property to his 4 sons, and nothing for his daughters, on the pretext that two of her married daughters have been adequately looked after by him which was wrong statement. Neither my wife nor her married elder sister was financially looked after by him.
As per my appreciation I have come to conclusion that this whole episode of leavings my MIL and SIL at the mercy of neighbors from Feb. 2005 till end May 2005 (i.e. the time we moved in) was a well thought of criminal conspiracy by 4 sons Otherwise how do you explain the logic that after Mr X left MIL, her real son was in constant touch with his 3 brothers and not in touch with his two real sisters. Her real son had no remorse as to why Mr X has left his mother and unmarried sister in lurch.
QUARRIES
1. The plot is on FIL name. House is registered on whose name is not known. Taking the case that house is registered on FIL name; can my MIL execute “Will” when none of her sons came to look after her and her unmarried sick daughter. And it was my Wife and me who looked after MIL and SIL for close to 7 and half years. What is the legal order by Supreme Court if any? Is the “Will” written my MIL Valid?
2. Can my wife go for criminal case against her 4 bothers for abandoning her mother and sister as we have a hand written note from MIL which states how Mr X left her and her daughter in spite of her repeated requests not to leave them and if Mr X was to leave, he should have done so when her husband was alive, so that he would have done some alternate arrangements for them. If yes under what IPC they can be tried? I have seen TV program where it was emphasized those children who do not look after their senior citizen dependent parents can be tried under seven IPC clauses out of which 2 are non bail able. Hence you are requested to provide me relevant sections of IPC under which my wife should approach the court for filing legal case against her brother for criminal conspiracy .
Devajyoti Barman
(Expert) 05 April 2013
1. If plot is in FIL name, all his legal heirs have equal share in it. Your MIL has no exclusive right to transfer it anyone's name.
2. Your wife can do nothing. However her mother can file case u/s 125 crpc to claim maintenance from any of her sons. She can file case for maintenance under Senior Citizen's Act as well.
