• Parental Property

Father passed away in 2009, survived by the following legal heir:-

1.Mohinder Kaur -Wife.
2.Rupinder Kaur -Wife of oldest son who deceased in 2001.
3.Rajinder Singh -2nd son.
4.Jatinder Singh -3rd son.
5.Satnam Singh-4th son.


Father owned residential house number 1514/13 Govind Puri Kalkaji New Delhi -110019 & commercial property number 1520B/15 Govind Puri Kalkaji New Delhi. Mother owned commercial property house number 1520C/15 Govind Puri Kalkaji New Delhi. Both the commercial properties are located on main road called Baba Fateh Singh Marg leading to Okhla Industrial Area. Both parents executed wills in 2008 regarding immovable property. Father bequeathed immovable property to mother. Consequent upon father's demise in 2009, legal heirs mentioned from S.No.2 to 5 above, executed a relinquishment deed in favor of mother.
Mother was in receipt of monthly rental income of Rs.60,000 at the time of father's demise & mother was living in residential house along with Jatinder Singh's family comprising a daughter and a son. None of the other legal heirs lived in the parental residential house as they had moved out long time back. They did have their clothing/almirahs etc in parental house. They were visiting parental house off and on. They always maintained some possession or the other of portions of the parental house.

Jatinder Singh is in possession of entire front portion of property number 1520B/15 where he runs battery business. At the time of father's demise, the joint family had FDs of Rs.25 lakhs & Rs.10 lakhs in savings account. Mother also began receiving father pension in her bank account at Syndicate bank. Mother became hearing impaired after father's demise. It was learnt in Feb 2018 that Jatinder Singh cashed all FDs & savings bank account money of joint family. He said he spent the money on renovation of parental house & he said some money was invested. He and his wife did not provide details of investment. Mother visited Mumbai for a month sometime in 2014. Mother also visited US in 2012-2013 for 8 months. She was called back to India as Jatinder Singh was admitted in hospital with serious condition. Later on, he himself told all in Feb 2018 that mother was called from the US as he and his family ran out of money & needed mother to sign checks. After Feb 2018, there a couple of occasions when Rupinder Kaur & Satnam Singh tried to meet mother & they were prevented from meeting mother by Jatinder Singh and his family. Rajinder Singh asked Jatinder Singh to get mother's passport renewed as he had to reopen mother's immigration case. But his request was declined stating that mother did not want to go to the US. During Rajinder Singh's visit to parental house in Feb 2018, mother had stated that she was beaten by Jatinder Singh and his family & she had told the same thing to Satnam also on previous occasion.

Finally, legal heirs number 2, 3 & 5 filed a police complaint again Jatinder Singh & his
Asked 5 days ago in Property Law from United States
Religion: Sikh

You can file a partition suit to determine your share. Also take orders of the court against them who restricted you from meeting your mother. Also  case is wrongful restraint can be filed against then under criminal law

Prashant Nayak
Advocate, Mumbai
11682 Answers
18 Consultations

4.8 on 5.0

The property belonged to te husband and wife. Husband is no more. The husband willed hus property to the wife. Now wife owns everything. If she is mentally sound and executes a will then the property woukd be divided as per her wishes. Otherwise the property has to be divided amongst all the class I heirs.

Regards 

Rahul Mishra
Advocate, Lucknow
4125 Answers
11 Consultations

5.0 on 5.0

See after demise the mother is absolute owner and in her life no one has no claim over property mother can will gift the complete property on her wish further she can file for  eviction of Jatinder singh and his family under the senior citizen act. 

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

As per the facts stated by you, after the death of your father, your mother became the owner of the immovable properties in your father's name and the movable properties like Bank deposits, FDs etc. Were to be divided equally among the class 1 legal heirs.

Therefore, the action of your brother of withdrawing the the jointly owned funds and misappropriation of funds is a criminal act under section 406, 415 and 420 for the offence of criminal breach of trust, cheating and fraud.

Furthermore, his action of physical violence against your mother is also illegal under section 354 of the Indian Penal Code.

Your mother can also file a suit for injunction against jatinder Singh in order to restrain him from disturbing your mother and the possession of her property in any manner whatsoever. If do does any such action after getting the order from the court he will be liable for contempt of court.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

1. You can proceed against jatinder Singh for assessing the joint property. it can be done even if your mother has given consent as she can only give consent for her name. has your and your other siblings concert was not taken, it'll amount to criminal breach of trust.

2. Your mother can execute leave and licence agreement, wherein the rent can be paid directly to your mother's account. The amount received as rent would be entirely your mother's and cannot be used to fund joint expenses.

3. You can file a petition for grant of succession certificate in testamentary code to get that done.

4. You can ask your mother to prepare a will where in she can give the property to you and your other siblings and should specifically mention the reason why jatinder Singh would not be getting any property. This should be done as in case of any eventuality, jatinder Singh would also have equal share in the property in case of no will.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

1. If mother had absolute right on same and she is not proceeding no action against him can be taken for same.

2. Mother has to.file to recover same.

3. See no partition suit is maintainable as mother is absolute owner.

4  mother can divide the property if she wish to.do so.

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

Yes you can lodge FIR against jatinder singh and his family. But the FIR should be lodge by mother that she has signed the FDs and cheques under pressure and physical abuse by her son and his family.

Your mother can file eviction suit against Jatinder singh and family if he refuse to vacate the house then depositing the rent in mother account till disposal of suit. 

Till your mother is alive no one can file partition suit as the property belongs to your mother and she can distribute the property as per her wish among her children.

And she can disown any one from her property rights in case of her demise. 

Mohit Kapoor
Advocate, Rohtak
2692 Answers
1 Consultation

5.0 on 5.0

1  yes. 

2. Yes you can exercise 125 crpc and senior citizens Act for your aid. 

3. Yes. 

Prashant Nayak
Advocate, Mumbai
11682 Answers
18 Consultations

4.8 on 5.0

1) you have relinquished your share of property in name of mother 

 

2) hence you cannot file partition suit 

 

3) mother can execute gift deed in your favour 

 

4) since mother is absolute owner of property all rentals should be deposited in her account 

 

5) if FD were standing in mother name she could encash FD and money lying in savings accounts 

 

6) if they were not in mother name you can file criminal case against your brother for cheating, criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
65485 Answers
3961 Consultations

5.0 on 5.0

Hi

# By virtue of the Relinquishment Deed executed in favour of mother, as such, she becomes absolute owner.

# You cannot file criminal case.  

# As far as FD is concerned it is Mother's discretion.

# The rentals to be  deposited in Mother's Bank account. 

# You cannot file partition suit as you have relinquished your rights in the property.

#  At the most, Mother can settle the property if she desires i.e., by way of Gift ……...

 

S Srinivasa Prasad
Advocate, Hyderabad
497 Answers
6 Consultations

5.0 on 5.0

1. After the execution of will by the father, your mother became the owner of his immovable properties  and she was already title holder of some other immovable properties standing in her name. So, there was no need for her children to execute any relinquishment deed in her favour.

 

2. Both the properties now stand in her name and the money Jatinder Singh is using is by encashing the FDs standing in the name of his mother since without her signature, the Bank will not allow encashment of the said FDs.

 

3. Your problem is that Jatinder Singh is not allowing other legal heirs to meet their mother and it might be that he has already got a gift eed registered in his favour getting all the properties standing in his mother's name in his favour.

 

4. It has not been mentioned as to what complaint has been filed before the police by the  legal heirs number 2, 3 & 5.

 

5. They should  meet their mother and get the partition edeed registered if the propertyv still stands in the name of their mother.

Krishna Kishore Ganguly
Advocate, Kolkata
22356 Answers
587 Consultations

5.0 on 5.0

1. Jatinder Singh & his family can not r usurping the joint family FDs without the consent of the account holders. Please check the facts before taking action. the said FDs appear to be standing in the name of your mother which she has definitely signed for encahing and then Jatinder Singh has used the said amount. No case stands in his name for the said act.

 

2. All the immovable properties stand in the name of your mother and thgere is no legal heir of the said property so long she is alive. Only she can claim the rent from the said property or allow Jatinder or anybody  to collect it.

 

3. So long your mother is alive, the property stands in her name and no body else can claim any share from her said property. She can sell or gift it to any body she feels like. No partition suit will be admitted in the instant case since she is still alive.

 

4. Only purposeful remedy for all of you is to get a settlement/gift deed registered by your mother transferring equal share of her said nproperties to each legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
22356 Answers
587 Consultations

5.0 on 5.0

your mother can file a complaint against son in the police station. She can also file a complaint under the domestic violence act against her daughter-in-law as well as her son, if he is also involved in the same.

Your mother is absolute owner of said property rents should be deposited in her account. 

Property is in your mother name you cannot file partition suit. 

Your Mother can execute Gift deed in favour of anyone. 

Mohammed Mujeeb
Advocate, Hyderabad
9365 Answers
3 Consultations

4.5 on 5.0

1.Can we proceed against Jatinder Singh & his family for criminal breach of trust for usurping the joint family FDs & savings bank account funds of $.35 lakh - What if the mother says that she let Jatinder Singh do that as she signed the FDs at the time of or before maturity?

when you say that it was a joint family FD, in whose name was the joint FD opened? Your question reveals that mother was authorised signatory for the FD. Mother has to say that she was made to sign on the checks under influence of Jatinder and she did not sign the checks voluntarily. So if others assert something that mother was under influence of Jatinder, then they have to prove that for which they will need the statement of mother. If mother says that she permitted Jatinder to encash the FDs, then too others can say that she said that out of fear of Jatinder. The other family members have to prove the undue influence of mother by Jatinder by circumstantial and direct evidence. For this both civil as well as criminal proceedings can be filed against Jatinder and his family

2.Can we proceed against Jatinder Singh legally asking him to deposit the rent in mother's savings bank account? All joint family expenses would be paid out of that account upon signature of 2 legal heirs.

yes. Jatinder cannot claim exclusivity over the rent. The commercial property of father was bequeathed to mother and Jatinder had also accepted the father's Will and executed a release deed. So he cannot claim anything over the rental income. It is the mother's property. The other family members again to have rely on circumstantial and direct evidence that Jatinder is usurping the rental income of the mother. I do understand that there is a possibility that the mother may refuse to join the other family members as Plaintiffs in a civil suit. But then too she can be made a formal defendant in such suit against Jatinder and his family

3.Can we pray civil court for partition of all immovable property, partitioning it in five parts, each legal heir getting 1/5th share - What if mother says that she does not want to partition as she is the legal owner as of now.

No that cannot be done now since your mother is alive. She is the owner of the properties. The right of the children will come into play only after she dies and the property distribution then will take place as per the directions contained in her Will. As to the father's property which your mother got under his Will, I do not know if she has made any Will for those properties. If she does not make a Will for such properties [which she got under her husband's Will] then those properties will devolve on the legal heirs, after her demise, as per intestate succession and only then can the children go for partition.

4.Any other legal remedy we can certainly get as per law.
if Jatinder and his family are troubling your mother and have beaten her in the past then any family member can also make a complaint to the Senior Citizens Tribunal praying to evict Jatinder and his family from the mother's house or ask for the mother's custody to any of her other children

Yusuf Rampurawala
Advocate, Mumbai
4321 Answers
22 Consultations

5.0 on 5.0

Since the property is on mother's name legally she can issue a notice to Jatinder to vacate the house for the reasons that he meted out cruelties to her and there's no safety for her life.

She can file an eviction suit on the basis of senior citizens welfare tribunal to retrieve the property from him.

Let she consult an advocate in the local and proceed as recommended.

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

1. Your mother only has to initiate steps to lodge criminal complaint with local police.

2. Your mother is the absolute owner, she can take steps for that.

3. Since your mother is the absolute owner, no case for partition shall be maintainable not at least during the lifetime of your mother.

4. You can be behind your mother for initiating legal steps as per law.

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

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