I am currently staying in US ( having US Citizenship) with my parents ( having green card). My father is 82 years old and mother is 78 years and I have filed for their green card at USA so that they can stay at USA for extended period of time. 1) My sister and her husband insisted my parents to transfer their self-acquired properties ( located in Gujarat state) in my sister's name. In fact, they visited my parent's house with attorney and forced them to sign document prepared by their attorney. My parents did NOT sign any papers and informed them that at this point we don't want to transfer any property to them. My sister's husband has threatened my dad that if you don't divide property then they will harasses me and forces me to fly India often. 2) My parents have already prepared will to distribute their self acquired property. 3) Recently, my sister filed civil suit against my parents and me. Suit claims that my father have purchased ALL their self acquired property from ancestor property ( my grandfather's property). Suit does provide any details/proof about ancestor property ( Description of property : Area/ location/ deed etc). The suit contains information about my father's self acquired properties. The reality is that my grandfather neither have bank account OR any property and my grandfather has stayed in rental house for their life. Suit claims that my dad had owned/sell / manage this property. My dad had 6 brothers and 2 sisters. 1 brother and 1 sister already expired. 3 brothers and 1 sister are willing to sign affidavit that our grandfather did NOT have property. One of my uncle is behind my sister's intention and won't sign affidavit. 4) My parents have ALL legal document for their property ( dastavage/ certificate/ property certificate/ cheque no. used to purchase property claiming that they are owner of property) Question: • What can we do avoid such mental harassment by sister and her husband?
You can file a case challenging the institution of the said appeal in the Higher Forum claiming it to be a false, malicious or vexatious suit, for this it is advised that you contact a local lawyer who can fight a case on your behalf.
Or also after perusing the file a lawyer might tell you that an application is to be moved before the same court for getting it dismissed.
Regards
And sir since the case has been filed you will have to fight it in the court of law
The burden of proof is upon sister to prove that parents property was purchased out of sale of ancestral property
2) in father defence he can rely upon his bank statement to prove that he had paid for the property
3) his income tax returns would show that he had enough funds to purchase the property
4) parents should file complaint before senior citizen Tribunal against sister and her husband and obtain restraint order
5) also call police emergency helpline for senior citizens for help in case they are threatened and lodge written complaint against your sister and her husband
Your sister and her husband has no right over your fathers self acquired property. It is your sister's liability to prove the property was purchased out of sale of ancestral property . Normally it is not possible. So defend the case filed by your sister properly with the help of local lawyer.
In the case of mental harassment they can file case against sister and brother in law before Judicial first calss magistrate court under the DV Act and obtain restraint order or they may file complaint before police.
1. The suit has been filed to harass your parents so that they agree to cough off their property in their favour.
2. Once the suit has been filed the procedure laid down in Code of Civil Procedure has to be followed. If no details of the ancestral properties from the sale proceeds of which, your sister says, the self acquired properties of your father were purchased by him, have not been set out in the suit, your father may apply to the court for the dismissal of the suit.
3. Engage a lawyer to contest the lawsuit.
1. Your sister's said suit has no leg to stand since your grandfather's property is not considered as your father's ancestral property and the legal definition of ancestral property is different.
2. A property is called ancestral property if its title flows for four generations without any interruption i.e.from great grandfather to the great grandson with out being interrupted by any sale/settlement/gift deed or will and in this case the said property of great grandfather is the ancestral property to his great grandson.
3. Based on the above your sister's suit is going to fall flat for not being able to establish that it is an ancestral property.
4. Do not get too perturbed with the said case since it appears that your sister's lawyer has taken your sister for a long ride by convincing her to file the said suit.
5. She shall have to establish that it is an ancestral property duly proving that her great grandfather had some property which your father had sold to buy his properties which she won't be able to do.
6. Relax.
Thanks for your response. I have heard that civil cases continue for a longer period of time. (sometimes 1 year to 2 years OR More. 1) Other party's attorney has requested stay order so that we can't sell the property while the court case is pending? what can we do avoid such stay and file request to the court to dismiss this case quickly? can we inform the court that other party should prove about "Ancestor property" in 2-3 months time frame or consider our appeal to dismiss the case
1. You are rather overly optimistic when you say it will be decided in 1-2 years, in some states civil suits take minimal of 5 years to be decided. Ordinarily, it will take around 5-7 years to be decided,
2. The only way you can stop the other party to get injunction i.e stay is by contesting the case fittingly through your lawyer.
3. Consult a lawyer with summons you have received,
Civil suits take around 15 years to be disposed of on account of heavy backlog of cases
2) stay would be granted only if prima face case is made out by plaintiff
3) final judgment in the suit would be given only after trial after considering evidence on record
1. Your lawyer should object for such stay petition.
2. Your lawyer should argue on the maintainability of the suit first since the property at the outset can not be proved as ancestral property.
No such thing can not be done, you can just put forth your claim and statement before the court.
Regards
File a writ petition before high court for speedy disposal due to the parents age and age old sickness.
Your sister's claim in your father's property is unjustified and not maintainable.
Your grandfather's properties are not ancestral in character.
The title documents in your father's name is more than sufficient to prove that it is his own and absolute property.
She has no rights to claim any share in this property during your father's lifetime .
You can easily challenge her case and repudiate her claim.
If they have filed a suit you can challenge them on merits.
Let them file an injunction petition also, if there is no injunction granted yet, there is bar in selling the property.
You can ask them to prove their case but that will happen only during trial proceedings.
Thanks for your response so far. We have hired a local lawyer to fight this case. My dad was retired IPS officer /won a presidential medal during his service. My dad took a loan from Govt / Bank / contributed some amount from savings to buy properties. We do have all papers ( bank loan/ cheque no. of receipts for all properties/ title/ municipality bill in favor of my parents). My questions:- 1) can my parents file "Registered Gift deed" and transfer all property in my name while the court case is pending? is this advisable? My parents already have "Registered Will" indicating that all properties to transfer to me after them. My parents have already given me power of attorney as well 2) do we need to visit India to file Registered Gift deed OR Such papers can be filed from US as well?
1) if any stay order has been passed by court your parents cannot execute gift deed in your favour
2) it is not advisable to execute gift deed pending hearing and final disposal of case
3)your parents have to come down to India to execute regd gift deed in your favour