• NRI wants to make a declaration against his son barring him from his property back in India !!!

Hello, I am asking this on behalf of my uncle who lives in Canada. They are having a property back in India. They are not having cordial and good relation with their son and his family who are living in India in some other property. Uncle's property in India is completely vacant and not in use by anyone at present. Uncle's son is financially not doing well and he has doubts that he can use his property in any illegal way or even try to sell it to some goons.
Uncle asked lawyers in Canada that he does not want to disown his son but only make a legal declaration against him that he doesn't give permission to his son to use his property in any way and shouldn't be allowed to enter his property at all without his consent. Uncle want to do this to safeguard his property in India as there is nobody else to look after his property and he doesn't trust intentions of his son. Uncle's lawyer in Canada said that he will make such a declaration but its necessary to have consent of uncle's wife. Uncle's wife is staying with him but she is blind and not well health wise. To take her consent etc he has to undergo a lot of formalities as she is blind. 
Please tell me if there is any such rule in Canada and abroad that its a must to take consent of wife too if her husband is making a legal declaration against his son who lives in India or uncle's consent is enough for it.
Asked 6 years ago in Property Law
Religion: Sikh

9 answers received in 1 day.

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10 Answers

If Uncle is the owner of such property and has bought that property in his name, in that case, he can do so simply by sending a legal notice to his son. The notice must state specifically that his son cannot enter or use such property. Uncle can also give an advertisement in a newspaper(Indian) stating that his son is barred from using such property. And lastly, a notice/banner on the property premises would suffice.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

it is self acquired property of father

2) he does not need his wife consent to make declaration debarring his son from entering his property

3) uncle can also execute a will wherein he bequeaths entire property to his wife on his demise mentions reasons why he is not giving any share in property to his son

Ajay Sethi
Advocate, Mumbai
94654 Answers
7523 Consultations

5.0 on 5.0

1. If your uncle is the owner of the property then no one else , even his own children can take forceful entry into the property .

2. However to stop a person from taking forceful entry into the house your uncle needs order from court in the form of an injunction order .

3. No amount of declaration can help him from saving this property.

4. In any event keeping this property under check from abroad is difficult and hence it is advisable if he sells this property and lter use the sale proceeds for any purpose he likes.

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

1. If your uncle is the sole owner of the property then consent of his wife is not needed

2. If he wants to prohibit his son from entering into the property, he can simply submit a letter to the local police station which has jurisdiction over the property that he apprehends that his son might trespass into his property without his permission and use the same for illegal purposes

3. The above letter will be for record, information and file of the police

4. He can also issue a public notice in 2 local newspapers, one English and another in local regional language, informing the public that he is sole owner of the property and that no one should deal with his son for the same, else such person will face legal action

5. A notice can also be pasted on a conspicuous part of the property stating that it belongs to your uncle and no one should enter the same without express license or permission

6. If the son breaches these restrictions and illegally enters into the property then a police complaint for criminal trespass can be filed against him

7. One more option is to file a civil suit in court and claim injunction relief against his son restricting him from permanently entering into the property

Yusuf Rampurawala
Advocate, Mumbai
7506 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Property in absolute ownership of Husband, no declaration required from wife.

Better issue a public notification in local vernacular newspaper and local daily high in circulation in the city, that you disown the son to deal with the XYZ property, in any manner,

Also, any sale by son is invalid or will be illegal without father authorization/presence.

Yogendra Singh Rajawat
Advocate, Jaipur
22622 Answers
31 Consultations

4.4 on 5.0

See if the property is owned by uncle alone then it is not required to take consent of wife further for property situated in India declaration in Canada won't be of much use, further make a newspaper advertisement in two local newspapers in India and place a board on family giving notice stating that son and others not allowed in the property and trespasser shall be prosecuted in this way the property in there absence can be secured.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Any document created in Canada or order passed by Canada Court will not be considered as valid in india legally.

2. Ordinarily, no body in the world is supposed to enter in to the property of your uncle but if he apprehends that his son might play mischief with his property, the he should first lodge a police complaint against his son for having tried to enter in to his property for he purpose of selling it off and then file another application under Order 39 Rule 1 & 2 praying for an injunction restraining his son to enter in to his property.

3. He can file sch case after getting the petitions sent to him by his Indian lawyer and then getting the said petition notarised by the appropriate officer of Indian Consulate at Canada for returning to his lawyer in India for filing it.

4. If the property stands in his name then there is no need to involve his wife in this matter.

5. However, he will not live eternally for which he should decide as to who should own his properties after his demise for which he shall have to execute a will bequeathing his properties in favour of any body he feels like.

6. If he dies intestate, his properties will be equally inherited by his wife and son.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can send him a legal notice stating your intention and then you can give a public notice for the same in local newspapers.

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

The proposed declaration by the lawyer in Canada may be applicable in Canada as per the law prevailing there.

There is no provision in law for any such act proposed to do it in India as desired by you.

You can obtain a restraint order from court in the form of permanent injunction as per provisions of law.

You can discuss with a local advocate on this for further issues.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

Husband wouldn't have to take any NOC or declaration fron his wife, if he's the sole owner of the said property.

In order to stop the son from illegally trespassing or occupying the property, your uncle will have to approach civil court praying for injuction against the son.

Filing a police complaint in apprehension

of trespassing by the son would also help.

It's better to publish the said information in local newspaper as well.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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