Protect my house
Sameer Talha
(Querist) 30 March 2012
This query is : Resolved
we are residing in a pagadi building it is in the name of my father, he is suffering from bipular depression, doctor has given the certificate that he cannot take financial descision, he every times demands money from us from the last 15 years my ammi is taking care of us Home Rent / school college fees etc. my Dad does not give any financial help. we are 3 brothers & 1 sisters and now we dont have money so he is giving us threat that he will sell the flat or he will take different loans from banks. we are afraid that if he takes this step we will be without home. some one had advised us that you can be protected through Personal Law. sir please give us the proper guidance or suggest us 1 advocate who can protect our house. please mail me at- talha.kojar007@gmail.com
ajay sethi
(Expert) 30 March 2012
where are you located ?is the flat in name of your father only ?
if it is in joint names your father cannot sell without your mother consent
Sameer Talha
(Querist) 30 March 2012
no its in my fathers name, we are located at malad (W)
Sameer Talha
(Querist) 30 March 2012
we have rent receipt & Electric Bill in my fathers name.thanks for your reply Sir.
awaiting for your reply
Shonee Kapoor
(Expert) 30 March 2012
Then get an injunction against him through your mother from selling the flat.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 30 March 2012
Get an injunction against him
Sameer Talha
(Querist) 31 March 2012
what is the procedure to do this, please explain me Sir. if suppose the injunction is issued temporary will this help us to prevent loans against property.
awaiting for your reply
Shonee Kapoor
(Expert) 01 April 2012
you need to approach an effective lawyer in your area, who would file the civil injunction suit against selling or disposing off the property without the consent of family members.
You can mention his mental situation to add weight to your case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 01 April 2012
When you consult a lawyer you can consult whether as per local law a public notice in local dailies giving details of sickensss to warn general public against entering into transaction with him.
V R SHROFF
(Expert) 01 April 2012
No Loan can be sanctioned on Pagdi / rented flat, as ownership is of Landlord, so ur father cannot sell it.
It cannot be in jt name too.
r u married??
if yes, file D V ACT, on all includeing ur self, that ur wife is threated by ur father to go out on road. So MM at Borivali will pass residence order with right to use all shared household, in her favour.
It solves ur problem.
Injunction is immediate as interim relief.
you do not oppose, and give Evidence of the same.
Talha, if u are unmarried, thru ur mother do the same .
Sameer Talha
(Querist) 05 April 2012
my Mom does not have his name registered in Ration Card however she has name on a Election Card & Nikaah Nama and 4 months ago my dad had made a marriage affidavit for my mother passport. will she be able to file injunction.
Shonee Kapoor
(Expert) 05 April 2012
Inshallah she would.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
