Tanya ( ) 06 December 2015

Can we daughters,my mom claim dad

Hi all

I really need an urgent information. Ours is a pathetic long hell story. Tried to put a shorter version.

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Ever since I was born I've seen only the creulty and harrasment of my Dad on my Mother. We are only 2 daughters to my dad and my younger sister is married and living with her husband with 2 kids.Mother comes from village,illeterate but very traditional,sentimental woman,has taken care of my dad very nicely but my dad always finds some thing to blame her and created chaotic envrmnt in house and is not in good terms with my mom since 21yrs.All the household expenses including my mothers medicine etc were borne by me & my sister.My parents stay under the same roof but my dad takes care of only his things-doesnt interact with my mom.They've been married fr 37yrs now. My dad developed lot of grudge over me as I always used to confront him on his misdeeds.He went to an extent of spreading illicit things against me to ppl who came to marry me-(we nvr knew abt this as he was spreading all these at the backend without our knowledge) Finally i got married but agn my dad spread bad rumours against me to my husb/inlaws which resulted in a horrible marital life now under divorce(case is still pending). After this I returned to my parents house itself and staying there as a unwelcomed guest of my dad.Since my dad is not taking care of any house expenses I got into a small job and taking care of my mother, all household expenses.He doesnot take care of ANYTHING of the house-like even if a tap is broken, bulb is fused out I've to get them mended and repaired.He doesnot bother anything of the house.

Even I constructed a bedroom,attached bathroom,kitchen on first floor of the same house with my own earnings and staying there independently. Also some parts of house had to be repaired which my dad refused to rectify. I'm now repairing and renovating my dad's house with my own hard earned money -construction is in progress.

Recently my dad(now 65yrs) opened a fight & beat my mom (58yrs) very badly. As it was life threat with the medical condition of my mom,we went to give a complaint but police didnt lodge FIR saying my dad is old! (not sure of adjustments with dad) instead we got assurance on a stamp paper signed from our dad that he will not harm us anymore.
Few days back we got a legal notice from some lawyer saying we have illegally taken our dad's sign on blank stamp paper and using it to take his property and my dad declares the already signed papers as void and wants us to return them to him. It is also mentioned that myself or my mother have no rights on the property as it is his self acquired property and he is ready to sell anytime.
We are very puzzled by these activities and getting scared of the criminal intension of our dad to remove us from the house as we tried to lodge FIR on him and we got an assurance from him on stamp paper.

My mom is very old -,she is daibetic,underwent major operations thrice and mentally physically she is in a very pathetic state.

We are not financially welloff and dont have any source,influence power like my dad to fight heavy cases. We are very very worried and get suicidal thoughts, Pls help

Note: My divorce case is pending and not getting any maintenance,alimony or property from my husband. The only source I have is my small job which has no security. My dad worked in Govt factory, took VRS and never gave anything to us from that money

My questions are: Please provide appropriate legal advice
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1) My dad got this property when he was in good terms with mom. He took loan and also utilized the money from property share of his dad(my Grandpa) to build this house.
2) Do my Mom has any right on my dad's self acquired property
3) Do we 2 daughters have any right on my dad's self acquired property
4) Do I have any right on the 1bedroom house I have constructed on the first floor of my Dad's house. I have spent my own earnings and have legal contract documents
5) If my dad sells the property can me& mom file a case to retain the house or should we just checkout of the property
6) Do my sisters 2kids(1 boy,1girl) have right on any manner on my dad's property during his existence
7) He recently sent one legal notice thru a lawyer making wrong allegations that we took signature on blank papers and he wants to return the already signed stamp paper. What should wedo in this case.
8) Can I claim this property as my dad had utilized my Grandapa's property share money to build this house. (we dont have proofs)

Pls guide us

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6 Replies

(Guest)

you have right over your dad's property. but the right will be effective after your dad's death. if your dad sell the property to somebody you can't object on the ground that you have rights. if your dad willed it to others, the others will only get probate after obtaining no objection certificate from you.

all your mom can do , is to ask for a share of the property in her divorce settlement.

in case of your self constructed house, it is a part of your dad's house. so your right on it will be effective as stated above.

Kumar Doab (FIN) 06 December 2015

You have posted that you have a signed legal contract with your father to build a portion.

Probably the legal notice is to put this contract under cloud.

Did you register the contract? Or is it witnessed by unshakable person?

You have posted that the share from grandftaher's proeprty was used to build the house.

Your mother and you may show all docs on record including the preperty docs of your father and grandfather/legal contract/police complaint/legal notice to an able/senior counsel specializing in family/proeprty/civil matters and give inputs in person and proceed further under expert advise of our counsel.

YOur mother and you may succeed to claim mainatance, as well.

Discuss with your able counsel.

(Guest)

This is every household story.

You have no rights in your dads property which is self acquired.

Your m oter can file compaint under domestic violence act aginst your dad for emotional mental physical abuse and for maintenance . If he sells house get order form magistrate to make your dad arrange for your accomodaiton soemwhere else or where he will live.

Unmarried dasughter and your mother bcan claim maimtenance from dad.

Does he earn ? what is his income?

Also Your mother can also file a police complaint against your dad

Is this hosue elase basis or free hold basis. where are you located . In many citieslike Delhi state after 2001 all property sold by DDA is compulsory joitn with spouse.

If youhave invested money in house you can ask for some amount from sale of house to recover your investment . That is fair

YOur lcoal counsel will tell you tricks to take stay omn sale agreement if he sells it.

This will build prssure on him to come to negotiation table

I am sorry to ue words but by your story and condtion your dad appears to have crminal bent of mind and no candidate for any compromise exoneration

Talk with him in legal and tough language now

If you have some witness file defamation suit against him for spreaduing cvanard agaisnt you and breaking your marriage. It is a criminal offense too.

Dont boter about legal notice of your advocate. These are empty therats.

Dont be afriad. Indian judcial system is very strong and fair. It bis very slow of course. Nothing is going to harm you. Only your dad will get harmed . Laws todayare women favoring.

Just relax and feel good. We are with you.

Only problem you will have to arrange a lawyer. Most people today face problem to get good and reaosnable lawyer. Unfortunately this is weak point today for legal system

You may seek legal aid througha women NGO mor legal aid cell in distrcit court coimpound.

WE will guide you from time to time. Not much more we can do form remote.

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Rajiv Thakur 06 December 2015

My views are slight different to above experts. In simple case kids can't claim over self aquired property. However I see certain facts in your case which might change nature of case. Over to your questions 1- the nature to such property cant be said ancestral one. As you are telling that in such property your grand father contribution is involved. If you, somehow prove this fact to be true (wittness/any other proof showing any financial transaction from grndpa to yur father etc) then nature to such property is not similar to self aquired one. In addition to it ...(in Q4) as u are mentioning that you done some construction over the house and got certain contracts/ records in your favour, is also making your position strong. Atleast you can tangle the case. Moreover its seen in many cases that daughter widow/ deserted can seek certain maintenance or space for living from her father. Q2- despite of the nature of property ..your mom holds share in property. She can seek her share in such propty either by filing divorce or under cruelty case for separate living. Bad health/ old age are points to be mentioned in such petitions. Q3- if your father able to prove the fact that such property is self acquired, you/your sister cant claim share in property. Q4- if u got all records of expenditureI your fav. Yes u may bind him In hocus pocus means. You must note that possession by way of construction is important factwhich Is considered. Q5- dont wait for actual sale. If you are suspicious for such, I suggest your mom to seek injunction (stay orders) against sale in precaution. Moreover u may also seek injunction stating expenditure incured by u for construction & suitable relief for it. Q6-you got right only in case u can prove the fact that property in question is not self aquired but have certain contributions from various family member. Q7- dont worry for such notices. These are merely to disturb u. Q8- proofs/evidence dont come as of piece of cake. You have to search such things.theres always clues...all u need eye and brain. Eg. As per to you your grand pa given some financial aid to your father. U can search for such transaction. Did he sold any valuable thing/property overthose days....did he had any Income source etc....if proofs are not available then make it available. We all know somtime truth also needs aid nowdays. Good luck.

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Mahendra Singh Adil (Author) 07 December 2015

I will be delighted in helping you. You may approach me drafting of petition when you like so. My contact number is 9312135580. Mahendra Singh Adil Advocate Delhi

Mahendra Singh Adil (Author) 07 December 2015

I will be delighted in helping you. You may approach me for drafting of petition when you like so. My contact number is 9312135580. Mahendra Singh Adil Advocate Delhi

Can we daughters,my mom claim dad

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