Very urgent !!!!! share in mothers property
Mohammed Rizwan Shaikh
(Querist) 24 April 2012
This query is : Resolved
Mrs. X (Punjabi inhabitant)has 2 sons Mr. A & Mr. B (both are unmarried), mrs. x owns 3 flats in Mumbai, she herself purchased the said flat and its on her name out of which 2 flats have been rented out and thats the only bread and butter for her family.
Now, Mr. B who is alcohlic, womaniser etc is demanding his share in Mrs. x property. Mr. B is creating havoc in the house in order to get his share, threatens Mrs. X to kill and also to file a case against Mrs. X.
Mrs. X is afraid on how to tackle the situation of her alcoholic son Mr. B. Mrs. X doesn't wants to give anything now, only after her death. If she (Mrs. x) sells the flats then there wont be any source of income.
Experts, please shed some light on this issue, what all remedies available with Mrs. X in order to secure the property and to get rid of the son Mr. B.
Shonee Kapoor
(Expert) 24 April 2012
Mr. B can not claim anything.
Better get a restraint order against him.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 24 April 2012
mr X has purchased property out of herown savings . both sons dont have nay right over saidproperty ,. if son is threatening her she can disown him . or she cna file a police complaint and request cops to reprimand her son . donnt be afraid . or she can move court and ask for restraint order aginst her son
prabhakar singh
(Expert) 24 April 2012
Rizwan Shaikh!
Telling panjasbi shall not do.Tell the religion of parties of your problem.
Raj Kumar Makkad
(Expert) 24 April 2012
There is no difference even if Mrs. X is punjabi or angreji. The law is same for both.
Both sons cannot claim anything during life time of their mother and thus X is free to opt any option as she thinks fit.
She may sell the property and can deposit the sale proceeds in bank and get monthly interest therefrom if she is incapable to manage the property and is under threat of her son.
Mohammed Rizwan Shaikh
(Querist) 13 May 2012
Many thanks experts,
Well, with the help of an advocate I managed to get the draft for the Restraint Order. I sincerely request you to go through the said draft and shed your best opinion and advice.
I would like to know under which Cr. PC the the younger son could be restrained?
What would be the turn around time for the Restraint Order?
Do we need to add something more to it, so that the Hon'ble Court could pass an order?
Regards,
Rizwan Shaikh
