Unlaw ful means of using the rights of senior citizen
Luv Barman
(Querist) 05 February 2014
This query is : Resolved
Respected Sir ,
This is to inform you that I Luv Barman staying in 6a Lansdowne Lane Kol-26 since birth is facing enormous problem to lead my life with my newly married life.
To Bring the long story short ... I was staying in the above mentioned resident since birth with my Family (Sri Jai Hind Barman , Sri Urmila Barman , my Brother Sri Kush Barman and now my newly wedded wife Niraj Barman).
My Dad and Mom has not lead a good life in there entire tenure , where my MOM has suffered the violence and cruelty of my DAD for 14years and still going on. My Dad use to work in Calcutta Stock Exchange outside and with SEBI coming into picture there work came to an end and after that he had nothing to do .Then the fights started in the house and at that time I was small and just started working at a very small age . I was not able to complete my Graduation cause my Dad did not provide me adequate resources to study.
My Mom was lead out of the house to get some money from her Maternal Grand Parents , which she of course did not do and she had to File a case against my Father
489 & Divorce
Believe me my MOM was not at fault .Since my Mom was staying in her fathers place she was not able to accommodate us and we were left to stay with DAD .
The Case kept on going further and things started to cool down . After 11-12 years my Maternal Grandfather died , Now my Mom started facing issue living with the mother alone and she was also not keeping well. I these 11 years I was a grown up child and was living my life on my own Salary and supporting DAD in the house hold expenses .
When Mom came here she had FD of 5 lacs and property of 45 lacs on her name . She did not come to our house and was staying in rented accommodation in Kestopur (A place in Kolkata) .My Father approached us to bring Mom back to home as she was living in the Kolkata . I was not able to understand the intention of my Father at that time . He went to the Kestopur (Rented House) and asked her to come back to our own house in Lansdowne.
Believe me I was very happy that day .
Once my mom came my Dad even helped her to get her ID proofs back by going with her to the counselor house and helped her opening her bank account by giving his reference for the account opening .
Few days after my Dad told my Mom to Transfer the FD to his name . My Mom did not agreed to the same and there was a small fight .
The next instance of the fight was when my Dad to Mom to sell off her land in Punjab and give some money for buying a floor in the same house ( Will give you explanation on this )
I had to stand with my Mother as she had come to the house on our word.
Issue with the House :
The House that we have at 6 a Lansdowne Lane is a Ancestral House that was purchased by my Grand Father and after his death was transferred to my Grand Mother and after her death under the joint Hindu undivided property .My Dad has 5 brothers and 4 sister .
The house is in a Prime Location and value worth 3 Carore
The same house was divided into 6 parts .
Name of the Co Hirers are
1) Jai Hind Barman
2) Shanshah Barman
3) George Barman
4) Taj Barman
5) Edward Barman
6) Kenedy Barman
Present status is Brother 2) has fraud GIFTED the house from Bother 5) & 6)
Bother 3) Died on 4th Dec 2013 fighting with Bother 1) and 2) before one day of mu Marriage
Now Brother 3) Wife has purchase house of Bother 4)
So Present Situation
Bother 1) has only one Portion
Brother 3) has two portions
Brother 2) has three portions
My Dad brought my MOM to get Financial help for Buying the portion in the property , But she did not invest money in the same .
So there Fight started again
Both of them are Senior Citizen and Now my Dad has filed a Title Suit and is putting False Allegation against my name stating that he will expel me out of the house as we did not stand with him to get the money from my MOM
He drinks and has lot of fights with my mom where she has been ill treated badly and is supported by his Brother 2)
Brother 2) has the intention that if my Dad throws off us and Mom out of the house , he will get the property at NO COST
I am stuck in a situation where I dont know what to do . I work in WIPRO BPO for the last 5 years and I hold NO CRIMINAL RECORD against my name. I have to go to Police Station every week to answer against the False Dairy that my DAD put on my Name .
Sir
IT IS MY REQUEST TO PLEASE TREAT THIS URGENT
My Dad has legal friend and has good approach in Police Station ( Bhowanipore )
He take the defense of being a Senior Citizen and has stated that he will throw me out at and cost
and has also stated that he will give property to Bother 2) wife , when we are the next hirer and my Mom being Present and living .
SIR REQUESTING YOU TO PLEASE GIDE ME WHAT TO DO..
R.V.RAO
(Expert) 05 February 2014
your wife and mom both can file a fresh and new domestic violence case(even if your mom filed any old case) with new grounds of present circumstances.your job may be at risk,too.
ask a lawyer if your dad mental condition (and drinking condition)can be made a ground and he can be put under medical care, away from house?
Luv Barman
(Querist) 06 February 2014
Sir ,
I thank you for the reply
What I want is that these people either my MOM and Wife gets a stay in the house as they wanted to SELL IT OFF .
And what can I do as he is falsely doing Dairy and has filed a Title suit that I am disturbing his peacful enjoyment of the property .
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
You file a mandatory injunction suit against your dad restraining him from objecting to your stay in the house and also not to alienate the property.
malipeddi jaggarao
(Expert) 07 February 2014
It is unfortunate at this age your parents are still quarrelling. Find out the emotional reasons for the behaviour of your father. Since your Mom deserted him, he still nurtures that feeling. The better solution is - life is important rather than the property. Give him love and affection. Your wife can act as a cushion between these two and if she treats equally, your father will gain confidence in the family. You are biased towards your mother(though you are right).
There are two issues:
1) The property of your mother - Under no circumstances, she should alienate the property in your father's favour at this stage.
2) Right now do not anticipate the property of your father. It will automatically devolve on you and your mother.
3) Do not blame your father that he could not provide you proper education. You could have pursued the same (by private study or evening college etc.,) as you started earning at early age.
Time will provide solutions for emotional problems.
Rajendra K Goyal
(Expert) 07 February 2014
Agree with the expert malipeddi jaggarao ji.
