Dear Sir,
I need your valuable advice on subjected matter. My mother aged 55 years is an victim of Domestic Violence. The brief of the story is that my papernts got married in 1971 & after suffering humiliation & violent nature of my Dad, my mother started earning Rs.250/- in some school in 1987. My father use to spend only on food. After 1998, he completely stopped any spending on food, pocket money, social obligations etc. Once I got in job, i took the responsibility to look after my mother as an middle way to stop any friction between my parents. This attitude of my father has not serve well to me also. In the mean time my 2 year younger sister got married in 1993-94 by her will by running along with the guy living in neighbour. This also made the relationship between my parents very sour & rough. I left my house in 1996 & came to delhi for MBA & got settled here thereafter. My mother use to keep updown between lucknow & delhi. My sister & her husband taking the benefit of our absence & advantage of our empty house in lucknow where my father use to live alone when mother is with me in delhi got entry in our home in 2003-04 & built the Ist floor and second floor after taking consent from my father. They started living in Ist floor & opened commercial coaching in IInd floor. Although knowing the malicious intententions of my sisters husband, We (my mother & me) remain quite understanding the livelihood of my sister ( earning through tution ). In last 5 -6 years they have completely settled (residentially & commercially) in my own house. I had no problem with my sister & husband living there & earning their livelihood so far the house was to be shared between me & my sister after my father death. The father had written a will for equal share between his daughter & son. The problem started when in last april 2011, I went to lucknow along with my family & kids to live in ground floor with a purpose of setting up one factory in lucknow. This idea did not go well with my sister & her husband and they started avoiding us completely on pretext of being very busy in their routine coaching. In month of Nov -11, I asked my father for requiring property papers for mortgaze as per the norm of the bank. We had heated discussions on the matter keeping my sisters risk. I had no intention in my sisters stake. I suggested some ways out to solve this problem by registering her share on her name or any kind of family settlement deed. I was completely open for any idea to keep her risk away & also my plans should not get shattered. My father agreed in principally for morgazing the property and get my plan going keeping my sister away from risk. This property is AwasVikas leased property for 99 years.For few days, my father behaved well & showed interest in my project, he also discussed the same with my sister & her husband who fell from their knees to stop it at any cost. Even earlier my father was willing to register the property share in my sister & my name. I don't know what happened there after in nearly a weak, my father completely took u turn not to go ahead with the proposal. This attitude of him made my plans shattered for which i had come from delhi along with my family & kids and taken the biggest risk in my life my leaving my good paying job. Moreover my sister husband has an eye over the entire property since long. He left no stone unturned to convince my father on my demerits and took advantage of sour relationships between my mother & father. My mother made a police complaint against my father regarding domestic violence and malicious intentions of my sister husband but for no gain. My father told me to look for a job and go out of the house along with my family and my mother is his liability and is willing to give her maintenance & shelter. I came back to delhi this month and looking for a job. Now My father has also declined to pay my mother as per his commitment and chellenged her to get maintenance from the court. In the mean time, he has also got registered will (entire property) on Dec-2011 in my sisters name after his death.(This we have enquired through our reliable sources in registrar office). Now my relatives including Mama, Mausa etc all know the malicious intentions of my sisters husband and they are surprised with the actions of my father, even our neighbourhood also know the bad intentions of this guy and the inflence that has been made over my father over the couple of years by providing one time lunch. My father & mother lives as a separate entities in the same ground floor. I look advice on the following points...
(i) If today my father dies, the entire property shall goes to my sister leaving no share of my mother and me. We have a claim on ground floor which my father had alotted to me & mother as per his last registered will & upper Ist & 2nd floor to my sister. We have no objection in her share for which she had spent money. What is the legal couse of action to prevent this situation. How the will can be chellenged as it has been written in complete influence of my sister & her husband. Moreover, my father has not given any share to his wife & the only son for no fault of them just to pacify his MALE EGO.
(ii) My mother is clear a victim of domestic violence since her marriage. I am taking care of all her needs from money, food, cloths, travelling etc. Even my father ask for electricity used by her. Even the TV, Bed, all furniture has been purchased & provided by me in my Dads House. He is saving all these money for last 12 years. Even my mother has taken 1.50 lac of loan from our relatives to get going last year when I left the job & incurred losses in my business. They are demanding such money back. Can court help to pay wife dues incurred on those liabilities that my father is avoiding since very long.
(iii) In such cases, can a son demand all those money spent on his fathers liability (i.e my mother) as my father has broken all relationship ( not declared ) I don't know if any such declaration has been made in news paper or not.
(iv) My sister & her husband runs a commercial coaching centre in premises i.e. on 3rd floor which is now a very much a burden on my mothers health & safety. My mother has high Blood Pressure (BP). There have been instances in past where the bad elements have broken the windows of car in the night. so we are not in favor of running a coacing centre where no LAW & AUTHORITIES gives permission. Please suggest the legal way , that the coaching can be stopped from functioning.
(v) As per my mothers claim, some of her jwellery made out of dowry has been ploughed into the construction of the house. (This is fact but no bills & Vouchers) Dowry can be proved by Old people of her village & by my relatives i.e. Mama, Mausa etc and other neighbours of her village. My father took a loan from the Govt. office & rest from savings & jwellery. Can she claim half ownership in the property legally on the basis of stri-dhan. My father is not willing to give any STRI - DHAN back to my mom. Even he do not recognise any such claims.
(vi) My sister & his husband files income tax only for formality. All coaching fee is charged in hard cash. They are enjoying all luxries which can not be associated with the Income tax return they are filing. Can they be prosecuted for not paying Taxes.
In last but not the least, what are the rights of my mother in this case that can be challlenged legally and enjoyed. I would be thankful, if you are giving advice to your brother in distress. Kindly reply as soon as possible .
If you require any details further, I shall be happy to provide this.
Thanks & regards
Manish
