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Raj Kumar s (not)     05 May 2012

Ho to resolve this issue. very bad situation pls help

Dear sir, please help.

          Against my friend a 498a case has been filed. In the case they have been included his father, mother, sister and her husband. At the time of marriage some amount is arranged by my friend’s wife side. But that amount is used for renovating the existing house it is on his father’s name.  Now he is not having any money to fight with the case and he is unable to file a diverse. If he asks his parents they are not giving and not dividing the property also. He is not in position to spend single pie.  Father is alive and mother is died after the case. Now in what way he can resolve the issue.

The problem is:

1.       He wants his property back and he is ready give the acquired property to his wife (Having a child baby girl) and wants to get the diverse.

2.       He is having one brother and he  got married 3 years back and he is trying to occupy the entire property, saying that your wife is filed a case and placed in a jail of my  father and mother, due to that I lost my mother, I am not interested to give my father’s property to her and he planning not to allowing my friend to come to the house. Is there any chance to take an action against him?

3. Can he go for a court for dividing the property when the 498a is pending. The father is intrest but he is unable to take a decision. property is self aquired. But more then 5 lacks invested by my friend for constructing the house and for agriculture.

 

Kindly advice...



Learning

 3 Replies

Rameshradhi (h4 )     06 May 2012

why your freind took money from girl side and made renovations to the house????? i ve seen many such cases even in my case also my mother in law and father in law( biological and they adopted their son still they expect money from son whom they adopted to some one) took money from my parents and built new house and they treat me as slave and biggest enemy... why you men expect money from girl(wife) which help to build house and buy gold , you people tried to extract from wife and never treat her as human being and now its 498 a..no one wants her husband to be put in jail...husband's collabarated with parents expect dowry which used to buy house and resolve the debts ....am not talking of evry guy but 50% stilll they are greedy for dowry

Anjuru Chandra Sekhar (Advocate )     06 May 2012

If the property is ancestral property, the two brothers can get the share of properties according to Hindu succession Act.  Any dispute regarding partition can be filed as partition suit in Civil court. If it is self-acquired property of father he can give it to anyone of the two brothers at his will. 

Anjuru Chandra Sekhar (Advocate )     06 May 2012

Property in the name of father cannot be sought to be divided by sons through court. 


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