Im am over 70 years of age and wife is 58 yrs. In Feb 2004 my elder son got married(Love-Marriage). At that time he had no job I gave full support till 4 years to My son and his wife on a rented house. I spent my whole earnings within these years as I have 2 other children as they were still studying. During these 4 years I purchased a land and the mediator was my-daughter in laws parents. They contacted a Land owner and we gave them money they gave it to the land owner and the plot was registered on my wife's name on 2005. After getting a Job on 2008 they parted their ways as his wife didn't want to stay with us as she didn't want to share or help from their earnings as i had 2 other kids still studying. We too din't had any objection as I wanted them to live happily. On 2010 after retiring from job I started constructing the house for all my kids even, made rooms for my elder son and his wife in a hope that one day they will realize and come back. 8 years passed we didn't have any contact may be 2-3 time max via phone calls. Now there is a disturbance between my elder son and his wife and he left his job he is jobless now. His wife moved to her parents with her kids and my son came to home. We tried to do a patch up between them but her parents are in no mood for any type of discussion. After 2 months of separation now they are claiming that the land is theirs and they want back as they have given the land as dowry. They also brought the land owner and and the landowner said they have give the money and not you so it doesn't belong to you. they threatened me and brought group of people residing near by me and forcibly signed on a paper that I will give away the land and the cost of the house will be given to me. As they will be coming anytime for property evaluation. As i my wife the owner of the plot didn't sign will there be any issue. I am in confusion what to do. How can I stop the property valuation. I don't have the patience and to go to court I just want to spend my rest of life in peace. My 2 other sons are now doing good jobs and supporting me a lot in my old age. Please suggest what type of case they can do or what I can do.
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1) your wife can file declaratory suit that she is the absolute owner of land
2) seek an injunction restraining daughter in law and her family from disturbing her possession of land and house contructed therein
3) in the event daughter in law parents claim right on land you have to prove that money was paid by you for purchase of land
4) i presume payment was made by cheque by you and you have declared it in in your income tax returns
I have withdrawn from my PF account as I was an govt. employee i,e refundable PF(80,000) and non-refundable PF (70,000) and was paid in cash to them.
1) there is proof of with drawal but no evidence of payment of cash to in laws
2) in the sale deed the seller must have mentioned that sale consideration was given by your wife
3) deny that in law paid the money
4) mention that you with drew money from PF and directly paid to the seller on behalf of your wife
1) The property papers are on my wife's name as it was registered on her name at tehsildar's office on 2005. Does she still need to file declaratory suit for the absolute owner of land? 2) As the property is in my wife's name and daughter-n-law have no right to claim? Am i right? 3) As the marriage is above 13 Years can they still case file for land as Dowry and Harassment? 4) I need to know that what are the possible steps or cases they can file so that I can be prepared. 5) Or what type of case I can file against them so that they can't harass me or my family?
your wife need not file declaratory suit .
2) let in laws file suit to claim share in house
3) daughter in law has no rights on house unless she is able to prove that land was bought out of money given by in laws
4)dowry harssment case can be filed after 13 years
5) DV/ 406 , 498A of IPC cases can be filed
6) further DIL can file maintenance case under section 125 cr pc
7) your wife can file declaratory suit seek injunction against DIL
1. If you have not taken the said land as owry for your son's marriage then why did you give the undertaking to return the same in writing?
2. Have you lodged a police complaint against them for forcing you to give the said undertaking? If no, then the Court will not accept your argument that you were forced to give the said undertaking.
3. Can you show from your bank statement that you had withdrawn the said amount from your Bank for giving to he father of your daughter in law for buying the land for your wife?
4. If no and if he can show that he had withdrawn the said amount from his Bank account then your deposition may not be accepted by the Court.
5. You can lodge a police complaint now for their getting the undertaking forcibly signed from you and also for harassing you in entering in to your house on the plea of conducting its valuation.
6. She can file a 498A and DV case against you with he evidence that you had colleted dowry from them while getting your son married to your daughter in law.
1. If you can submit evidence that you had withdrawn the said amount from your accounts then you can contest the case, if filed by them, fittingly.
2. Collect the statement of accounts showing such withdrawals well in advance
3. Lodge a police complaint against them and file a petition praying for an order under Order 39 Rule 1 & 2 restraining them in entering in to your house for any purpose.
1. If you have registered the deed of conveyance in favour of your wife before the Registrar, you won't have to file any declaratory suit.
2.Neither your son nor your daughter in law has any claim on your wife's property during her lifetime.
3. No body can stop them in filing 498A complaint but it will hardly have any merit to prove the allegation.
4. They can ordinarily file 498A complaint and DV case.
5. If they lodge or file any false complaint/case you can file a police complaint u/s211 of IPC for lodging/filing false complaint/case against you for causing harm to you.
How can I stop the property valuation. I don't have the patience and to go to court I just want to spend my rest of life in peace. My 2 other sons are now doing good jobs and supporting me a lot in my old age. Please suggest what type of case they can do or what I can do.
If those people are arrogant and do not respect law and act beastly, you have no option than to first lodge a complaint with the police for trespassing offences an simultaneously file a mandatory/permanent injunction suit seeking to restrain them from proceeding with their proposed acts on the basis of the registered document held in your possession.
You can also seek to restrain them from nto to interfere in your peaceful possession and enjoyment of the property.
You have no other option than to knock the doors of court for justice.
1. Since the property is already on her name by virtue of a registered sale deed, she need not file a declaratory suit, she can file a mandatory injunction suit seeking to restrain them from interfering in her possession and enjoyment of the property.
2. Not only yor daughter in law, even you or anyone have any rights in the property that is standing on your wife's name.
3. They may to that extent too if they are heartless and wanted to wreak vengeance on such issues, it is your son who has to challenge the same on the merits in his side.
4. They may file dowry harassment case and also domestic violence case.
5. Criminal trespass case and civil injunction suit.