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Sanjeev   11 October 2016

Domestic violence act and dowry act

My father passed away in 2009 and we belong to a Hindu Rajput family of Bihar origin.
He has three sons, two daughters and a wife. All his children are married. The eldest brother Sunil stays in Mumbai and works there. The two sisters are also married and one lives in UP and the other sister in Bihar but in a different place than the native home. The younger brother  Ravi and the youngest brother Mohan live in the native home in Bihar. The youngest brother Mohan takes care of the mother and she stays with her. She is suffering from a serious disease but is doing well. The younger brother Ravi and his wife are not behaving well with the mother. The house in which they live is in the name of the mother and it is registered in her name. The younger brother Ravi is living happily with his wife in the same house and has two children on one floor.

Due to the bad behaviour of the younger brother Ravi and his wife, mother wants to send them out of the house and evict them. When she say this to the younger brother Ravi, he says that I will implicate everyone in Domestice violence Act and Dowry Act. There is high probability of Ravi doing this in future. The younger brother Ravi and youngest brother Mohan got married after father died. The youngest sister also got married after the father died. Father got Sunil and his eldest daughter married while he was alive.

How can I prepare from now itself so that when the younger brother Ravi files the DV and Dowry case against the eldest brother and his family, youngest brother and his family, mother and the family of sisters so that the case can be proved false and foiled?

What are the legal options for my mother to get the younger brother Ravi evicted from the house in which he is living?

Can the eldest and the youngest brother not file DV and dowry case against the younger brother Ravi?

We have ancestral property and some property in the names of the three brothers whis is mostly agricultural land. The three brothers have signed on a 1000 rupee stamp paper that they agree to divide the mentioned property in the stamp paper which is in the names of three brothers in equal shares among the three. The stamp paper has not been notarised. For ancestral property the three sons are already legal owners after father and for individual property they three have already consented in the signed stamp paper. My question is even if the 1000 Rupees not notarised, is this still a valid document and can it be taken in court and is it legally binding for the three brothers? Can the agreement be notarised now and a copy handed over to each of the brothers? What else can be done to make the agreement on Rs 1000 stamp paper more valid and binding. If Sunil and Mohan want to initiate division of the ancestral and name property how can they initiate even if Ravi does not agree to go for it?

Sometimes, Ravi says that mein chawallis karwa dunga on the agricultural land so that no one uses it for some time for cultivating crops. What is this chawallis? Is it some section of the IPC and what is the full name? Is it 44, or 144 or anything else?

Ravi also withdrew money from the mother's joint account by forged signature and also sold the soil of the agricultural land of Sunil without consent and earned 4-5 lakhs of Rupees because Sunil stays in Mumbai. These incidents happend 3-4 years ago. What can be done now?

Ravi is also forcibily using the Agricultural Tractor to earn his livelihood which is in the name of mother. Mother does not get a single penny from the income earned from the Tractor. What can be done by the mother?



Learning

 2 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 October 2016

Dear Quest,

 

If your father did not left any WILL then you all (including your mother and other brothers) have equal share of said properties.

 

Your mother can’t through out your brother and his wife but can make police complain against them.

Ask your mother to register a complaint, FIR in nature against them so that police can take cognizance.

Also your mother and others can make a petition U/S 144 CrPC before District code for an urgent injection order for preventing such nuisance. Please check my profile below for sample petitions and other clues.   

 

https://https://www.facebook.com/RockySmith4Calcutta/

anil   11 October 2016

its family matter , moreover property dispute , so better go for mediation and solve it , give some share to concern person, in court you will get absoultly nothing in short time , your brother might be having his version also.

till supreme court judgement will not be final one , so dont waste time money in ego issues 

go for mediation else run behind legal option for next 2-10 yrs 


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