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Property issue between father and mother
4 months ago
My mother acquired a land in long back post which my father, mother got separated and my father kept the original papers, he constructed it and step mother, their kid has been living in the property. Now we (my mother and I) asked for our right but in return my father is asking for an an hefty amount to give back the original papers & possession.
What kind of agreement should be made if we go for it so that himself, his second wife and kid doesn't have any rights in future?
A.Dear Client,
In a situation where you are seeking possession of the property from your father, it is crucial to approach this matter legally and ensure protection of your rights. Consider engaging a legal professional to draft a clear and comprehensive agreement. The agreement should explicitly state the terms of transferring possession and the return of original documents, specifying that it is a full and final settlement. Additionally, incorporate clauses that waive any future claims or rights by your father, his second wife, and their child over the property. Seek legal advice to tailor the agreement to your specific circumstances and to safeguard your interests. It's essential that all parties involved understand and willingly agree to the terms outlined in the agreement to prevent potential disputes in the future.
Thankyou
In a situation where you are seeking possession of the property from your father, it is crucial to approach this matter legally and ensure protection of your rights. Consider engaging a legal professional to draft a clear and comprehensive agreement. The agreement should explicitly state the terms of transferring possession and the return of original documents, specifying that it is a full and final settlement. Additionally, incorporate clauses that waive any future claims or rights by your father, his second wife, and their child over the property. Seek legal advice to tailor the agreement to your specific circumstances and to safeguard your interests. It's essential that all parties involved understand and willingly agree to the terms outlined in the agreement to prevent potential disputes in the future.
Thankyou
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A.Dear Client,
A self acquired property of your mother cannot be held or kept by your father on cessation or separation of their relationship which is also known as Streedhan. So, without the consent of your mother, your father can neither keep the original papers of the said land in his possession nor can erect or construct a building thereon in absence of its ownership. And in case your separated father transferred the ownership of the land in his name adopting unfair means, then he is liable to face criminal prosecution for commission of cheating and forgery. So, try to access the present status of ownership of the self-acquired land of your mother from the reliable and authentic sources like Municipal authority, Land Revenue office, Sub-Registry office and in case searching of status of land reveals that the land is transferred in the name of your separated father, after serving a legal notice, file a criminal suit against him u/s.120B IPC for criminal conspiracy and Sec.420 IPC for cheating in the Court of Judicial Magistrate. Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of l2 years for a suit claiming possession of immovable property or any interest therein based on the title of property. Article 65 is an independent article applicable to all suits for possession of immovable property based on title. So, in the prevailing situation, instead of meeting the arbitrary and illegal demand of your separated father, you need to fight for your right to the property by virtue of title/ownership. Further, in case your mother is a Sr. Citizen then, she may file an application under Sec.5 of the Maintenance and Welfare of Sr. Citizens Act, 2007 before the maintenance tribunal presided by the Dist. Magistrate/SDM praying for eviction of children/relatives from her self-acquired property. Reach out to an Advocate for further guidance and steps.
A self acquired property of your mother cannot be held or kept by your father on cessation or separation of their relationship which is also known as Streedhan. So, without the consent of your mother, your father can neither keep the original papers of the said land in his possession nor can erect or construct a building thereon in absence of its ownership. And in case your separated father transferred the ownership of the land in his name adopting unfair means, then he is liable to face criminal prosecution for commission of cheating and forgery. So, try to access the present status of ownership of the self-acquired land of your mother from the reliable and authentic sources like Municipal authority, Land Revenue office, Sub-Registry office and in case searching of status of land reveals that the land is transferred in the name of your separated father, after serving a legal notice, file a criminal suit against him u/s.120B IPC for criminal conspiracy and Sec.420 IPC for cheating in the Court of Judicial Magistrate. Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of l2 years for a suit claiming possession of immovable property or any interest therein based on the title of property. Article 65 is an independent article applicable to all suits for possession of immovable property based on title. So, in the prevailing situation, instead of meeting the arbitrary and illegal demand of your separated father, you need to fight for your right to the property by virtue of title/ownership. Further, in case your mother is a Sr. Citizen then, she may file an application under Sec.5 of the Maintenance and Welfare of Sr. Citizens Act, 2007 before the maintenance tribunal presided by the Dist. Magistrate/SDM praying for eviction of children/relatives from her self-acquired property. Reach out to an Advocate for further guidance and steps.
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