Seeking advise regarding a family property issue
M.Sadananda
(Querist) 08 April 2015
This query is : Resolved
Hi,
Please advise on the following.
My father is having 4 children out of which one of them is a daughter. Iam the youngest son to them and my eldest brother has passed away 2.5 years back. I was staying in Mumbai previously and moved to Bangalore after the death of my eldest brother.The entire property belongs to my father and he is earning rents out of them which is running up to 3 lacs per month.He had already made some properties in the name of my sister. In spite of this my father is handing over all the income to my sister and brother in law. He is not parting his income to neither me or my second brother or my sister in law who is a widow. When asked my father says that the entire property is his own earnings and threatened me that he will give all the property to his son in law and he will come with the court notice to vacate us from where we are staying with all the family members since 30 odd years.He had filed an harassment case against me in the elders forum which directly comes under Bangalore city police and I have received a notice towards this. My sister and brother in law is instigating my parents to do all these things in order to just grab all the property of my parents.My second brother is a divorcee and has no dependents. I am married and have a 3 and half year old daughter.
What can be done in this situation in order to prevent my sister and brother in law in getting all the income and prevent my father in giving all the property to my sister and brother in law.
SURESH BV, Advocate
(Expert) 08 April 2015
Dear Mr.Sadananda,
If the property is a self-acquired property of your father, your father has exclusive right over the property and he can deal with it in a manner he likes. Only option left open as it seems to me is that to win the heart of your father.
ajay sethi
(Expert) 08 April 2015
your father can dispose his self acquired property as he pleases .
M.Sadananda
(Querist) 08 April 2015
Hi,
Thanks for your replies.Is there any other way to stop their atrocities. My brother in law is behaving as if he is the owner of the house already. Taunting and indirect abuses.Me and my wife are felling isolated,frustrated and fear for everthing.You understand right. We have become unfamiliar in our environment.Let my father dispose his property at his will but till that time can't we have a dignified life leading. Is there no provision in the law.Please suggest.
Anirudh
(Expert) 08 April 2015
Dear Mr. Sadananda,
You ask: can't we lead a dignified life in the house till such time the father disposes off the property?
Unfortunately, the answer is YES and No. Yes, you have a right to live a dignified life OF YOUR OWN. Nobody can stop you.
But, that dignified life you cannot expect to live in the house of your father. Here you do not have any right whatsoever.
Hemant Agarwal
(Expert) 04 May 2015
M.Sadananda :
Sometimes to safeguard the Family property, specifically so when the Head of the Family, is being misled by own people for their own benefits at the cost of other family members, THEN obviously some drastic steps need to be taken, within the parameters of law, more so by taking advantage of the law.
Hence in such adverse and frustrating situations, by using various parameters and "deflecting techniques" the adverse situation can be turned into ones own favor, depending on the shrewd strategy of a capable & experienced lawyer.
This becomes necessary to bring back the misguided and misled Head of the Family and safeguards the Family property, keeping intact the interest of other Family members and lawfully allowing everybody to lead a just and dignified monetarily secure life.
Keep Smiling .... Hemant Agarwal
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