Namasthe
I belong to Hindu, Nair community from Kerala , born 1981 June 10th .
My Father and Mother are living separated for nearly 20 years now, but they are legally not divorced yet. When they got separated, I joined my Father and my sister joined my mother with advises of family members that separated children would change the minds of both father and mother and pave way for them to reunite, but this dint happen. I was living with him thereon till 2004 from 1993( I was 12 years Old then ) , after which I came to know his relation with a lady, which my Sister and I opposed.
Now the scenario has changed to an Extent that he has even started transferring the family owned property (Obtained from partition of His Family property as per Hindu, Nair act), he has clearly made a sale deed in that lady name as if it is sold to her in 2009.
In the year 2007 and 2008 respectively my father bought two properties in Kerala one from his personal savings and another by selling a part of family owned property in joint names of him and the lady with illicit relation so that they can live together even in case my mother opposes. My father demanded divorce from my mother in 2006, but she refused saying that the jointly build house by them (Majority amount from my mothers salary as Assistant professor, and her Family property sale, Fathers contribution was less as he was a LD clerk and salary was less) was sold by father as it was built in his name and he dint give any share to my mother.
Both me and My sister have tried our best to bring him back from 2004, when we came to know this relation and at times he had listened to us and joined us but this lady somehow contacts him and again he goes back to the lady.
What legal course can I proceed to get back the family property, would it be better that I and my sister file a suit or would it be apt for my mother to file a suit in the Family court
Kindly advise.
Regards
Ranjith Kumar
