Mr
5 years ago
Dear Sir:
We are in the process of selling our property since the past 2 years. My father and mother (Age 79 and 82 respectively) own the property and have decided to sell it. They have also signed the sale agreement and taken the advance amount and taken a house on lease with the advance amount. My sister and her husband do not want the sale to happen unless the total money is in their custody to which my parents do not agree at all. They say they will decide what to do with the money. All that is pending is the transfer and registration of the property. Knowing this, my sister has taken my dad to her house without our knowledge and since then is neither accepting our calls nor is letting us speak to him. We managed to speak to him through another phone and he asked us to come and take him home, but my sister grabbed the phone and said that even if we go there, she will tell the security not to let us in. What can my mother do in this situation. Your response will be highly appreciated.
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Secondly, file a Writ Petition of Habeas Corpus before the Hon'ble High Court which can be brought against a private person as well. In this case your sister and her husband. The Hon'ble High Court will direct your sister to produce your father in the Court and after hearing your father and your advocate pass an order giving your mother his custody. (for more information you can get my contact details from Vidhikarya )
If any will has been obtained by your sister in the due course of time, then in such circumstances, the same can be rescinded by the order of the court.
Your right to relief lies with the High Court. Complaints and Writ Petition of Habeas Corpus is to be filed by your mother, so that she can ask from the Court for your father's custody.
Now relating to the property dispute:
If this property is a self acquired property of your parents, then your parents can jointly dispose of the property by executing and registering a conveyance deed for its transfer to willing buyer. Once money gets transferred in their joint saving account of the bank, draft a will for yourself or if there's no will after their demise, share equally the liquid asset with your sister by filing Succession Certificate in the High Court.
Srinivasan Ellappan
Responded 5 years ago
Nirmal Chopra
Responded 5 years ago
Ashutosh & Co
Responded 5 years ago
Ravi Bhushan Pd Sinha
Responded 5 years ago