Slp against lpa
Dushyant Pandya
(Querist) 02 June 2013
This query is : Resolved
Respected,
SCA was filed and matter was rule and interim relief not granted by High Court
LPA filed for interim relief as SCA is ruled by High Court - Interim Relief not granted
SLP filed for interim relief - not granted
Is rejection of interim relief effect finality of main petition i.e. SCA?
please advise.
Sudhir Lohar
(Querist) 02 June 2013
This query is : Resolved
Dear Sir/Madam,
Gender: Female
I am married with two children aged 15 & 11 years.
My Qualification :BA
My Occupation: Part time Faculty with English speaking academy (Remuneration 7500/-)
Father: Expired. Occupation, Retd IRS Officer.
Mother: Alive House wife Qualification:8th std Inherited Property from her father(No Male progeny,only two females).
Brothers: 2
Elder brother:
Qualification 12th fail (Sci, Arts & Commerce) looking after agriculture ( Agri land belonging to his mother and some gifted by his maternal grand father)
During last 15 years he tried so many businesses from the money of his maternal grand father, father & mother. Do not know the profitability. Investments made by my father & mother.
Younger Brother:
Qualification BE MBA(US)? Stayed in USA for almost 6 years. Do not know whether completed MBA.Money sent to him to USA by my father, during his stay at USA. He was working in TESCCO b'lore as financial executive. His education loan was repaid by selling the property of my father. Presently after death of my father resigned from the job and doing agriculture on the land of my mother. Staying in one of the houses of my father.
Sister: 1 11th std fail.Married to a Police Inspector.
Husband (Son of my fathers one only sister): Qualification: BSc.Was pursuing CA,however could not complete because of ill health.Operated twice on his head for his hydrocephalus within two years.Now working in a private co as accountant.
Parents in law:Retired teachers.Not staying with us for the last 10 years.
We are staying in our in laws house.
Iam born in Moola Nakshatra.My parents wanted to get rid of me as soon as possible. My mother forced me to get married when I was in 8th std.My parents had lots of difference and my mother went into deep depression and always stayed aloof frequently visited Psychiatrist. Childhood witnessed lots of disharmony. Our upbringing was done by neighbors and relatives. Father hardly stayed with us. Used visit us every 15 days, And always drunk heavily. Used fight harshly with my mother. They dragged me into the fight, my mother used to scold me for that. Due to this I went into depression and attempted for suicide during my college days.
My husband was career conscious and had rejected my marriage proposal (wish of my paternal grand father).I blackmailed him that I would die if I would not get married to him. He finally after 4 years agreed.
My marriage took place along with my brother commonly. My husband was still learning(CA).My father had said he will take the responsibility of us, as he wanted his son to get married as he feared that he will go astray. Just before marriage my father through a Muslim fakir suggested to my husband that my husband is not good for his daughter (me).
Lots of differences were created by my parents & brother between me, my husband and my in laws. My parents right from my marriage wanted that me and my husband to stay separately from my in laws. He (my father) even suggested me to come and stay with him. He was posted in the place I am staying (my in laws)today. He frequently took me forcibly by using my younger sister (16 years younger to me). It was I who took care of her and was deeply attached to her. He used this as tool and took away me from my husband. I was helpless in my father’s game. I was the pillar in my maternal home ,it was I who took care and bonded everybody before my marriage. After my marriage it was difficult for them to handle themselves. So they tried to keep me with them. Which I was not interested.
During this process lots of differences were crept in with my husband and in laws.
Just after our marriage my elder brother who was not interested in the marriage stared treating his wife very badly. My father took my and my husbands help to resolve the differences.
During this we lost our married happiness and also our career.
10 Years back I went into depression and attempted for suicide as my husband lost a job (after two major operations to his head) and my father had been repeatedly telling me that my husband's career is finished. He for one year constantly suggested my husband also to stay away from my parents citing that my parents are not good people.
For quite some time I was getting depressive thoughts and had shared the same with my husband who gave me lots of courage but it never helped me. On that particular day I had been getting that depressive thoughts and my husband asked me calm down, helped me to think properly, but I lost my control. I swallowed tablets of my husband as he was still on medication after his head surgery. My husband hospitalized me after I said I had attempted for suicide. My brother assaulted my husband in the hospital, as he was angry because my husband intimated few relatives. And my parents never visited me for 15 days. This caused lots of uneasiness for my husband.
After that a Psychiatrist had suggested counseling for me. My parents came and took me along with them for counseling. But did not and sent me back without counseling. This annoyed my husband very much. My husband knew about my suicide attempt during college.
After that things went worst. My father threatened my husband that he would kill him and my brother threatened of dowry harassment case against my husband and in laws and I too threatened my in laws. This caused to my in laws started living separately away from us with their daughter in the same city.
My father became very insecure about my life but my husband very self respecting man never asked any help.
Though my parents offered a House he rejected.
My husband with an intention to help me of counseling asked my parent the details of my 1st suicide attempt, but my parents denied the act that such event (my 1st suicide attempt) never happened. This has caused lots of doubts in my husband’s mind against me. My father had a opinion that my in laws tried to kill me, which is not correct.
Now my sister in law (brother wife) teased me that I sent out my in laws which was not true. That made me very upset. I requested my in laws to allow me to stay with them but they did not agree. I was very mush upset. I though that their daughter is influencing them against me. This has made my husband very angry, as he feels that it is not correct.
In the mean while I have teased my husband as sexually impotent after two children, as he was getting too tired after sex and avoided it. And also he had suggested me of sex transmutation during initial years of marriage, which made me very upset.
Now owing to the above he even doubts my character. He cites that my parents only have made me a liar.
Now my husband has shared all this with my parent & brother and no body is doing any thing for this.
Now the present status is that all the relatives are distancing from me. Even my husband has stopped living with me and not supporting financially.
Now mother, brothers want the maximum share in the property .
My father became blind after high sugar and was on dialysis for almost one year.
My Father’s Property:
Self made:
Two RCC Houses
Plots sold (?) when alive: Three and do not know the utilization of Consideration received on the sale proceeds?
House sold –Two, Beneficiary?
Do not know the utilization of his retirement benefits like PF EL Gratuity.
Do not the investments made by him in FD, Gold, and Silver.
My Mothers Property:
Agri land 20 Acre
Gold Silver and Investments in FD –Value not known
Utilization of My grandfathers, Investments, Gold and Silver not known.
Please guide me as to claim my share in the property. As compared to my brothers I have not been treated equally.
R.K Nanda
(Expert) 02 June 2013
query too long to reply.
R.K Nanda
(Expert) 02 June 2013
consult local lawyer.
V R SHROFF
(Expert) 02 June 2013
query too long to reply.
Raj Kumar Makkad
(Expert) 02 June 2013
You need to obtain the specific services of a lawyer in the given case.
Anirudh
(Expert) 05 June 2013
1. You have no right to ask as to what happened or how the sale proceeds of the plots (owned by your father) sold by your father were utilised.
2. Similarly, no one has any right to know about the utilization of his retirement benefits like PF EL Gratuity.
3. If any investments had been made by him in FD, Gold, and Silver - during his life time, nobody has any right or claim.
4. RCC Houses: Since your father is still alive, you [or for that matter any body else including his wife and other son(s) and daughter(s)] have no right to claim anything from the same.
5. The above reply applies to all the properties movable and immovable of your mother as well, especially when she is alive and kicking.
6. You have to come with more facts about your grandfathers Investments, Gold and Silver.
7. Since the property is that of your father and mother, they can make use of the said property in whatever way that they may like. In their wisdom if they had given anything to any of their children (and not to you) they are within their legal rights.
