• Property Dispute

Hi,
I have one property/domestic abuse case (Delhi, Tiz Hazari Court) for which details are as follows -
1. Our family have one multi floor house build by my late father and he willed different floors to different members of the family including his wife, sons & grandsons. The will was constructed in 2003 and recently he passed away 2 yrs. ago (2017). Also, my father's will say no one can sell anything until year 2030.
2. My younger brother who lives abroad US (has one floor willed to him) has tried to sell via different ways but is unable to. Since he is not able to sell the floor, he is constantly manipulating my mother who lives with me in Delhi (my father will have she and me as combined owner of the ground floor). My brother since the death of my father has been brainwashing and inciting my mother to pick fight with me and my family. He tells her to sell the home and then come live with him abroad. Over the last 2 years every day/week he will phone/call my mother and incite her to pick fights every now and then.
4. Now, he has constructed case of domestic abuse/harassment against me and my family mentioning my mother as complaint. My brother and mother both say since she is Senior citizen and widow, court will always be on her side. 
5. My brother and now mother have ultimate goal to sell the home and claim everything, they have constructed the case of domestic abuse/harassment and now asking complete ownership of the home (and my father will to be disbarred) so that he can sell the house and get everything from my mother.
6. My mother already had 3 MIG flats and brother have sold all of them and took money abroad and invested in multiple business in Delhi/Gurgoan (can’t prove though). My brother has also willed himself as the sole owner of all the FD’s that my father left for my mother for her old age expenses etc. (The amount of these FD’s are approx. 80 lakhs -1 crore). And now he has sole right after my mothers death. 
8. His now last attempt is to sell the house and get everything from that as well and since the father’s will mentions that house can’t be sold before 2030 so he has made domestic violence case against senior citizen and women’s protection (my mother) by constructing false stories etc. He wants my mother to be the sole owner of the house so that ultimately, he gets through my mother’s will.

I consulted with 1-2 lawyers and they said court is always be on senior citizen side and she will cry crocodile tears and judge will be with her side instantaneously. We haven’t done any violence or physical abuse against her, there have been couple of verbal abuses which was incited by my brother against me. We have been having constant good behavior with my mother, daily breakfast/dinners together as well etc.
Is there any possibility of me winning this case against my mother?
Will the court disbar my father’s original will and my mother will get the sole right to will to my brother?
Can this be challenged in high court ?
Asked 15 days ago in Property Law from United States
Religion: Sikh

You have been  totally misguided.  Court can not change the will. Further court does not give judgements by seeing faces of someone but on the basis of facts and circumstances of the case by applying provisions of law and principles of equity.

You Shall have every opportunity to defend your case.  If you do not defend court may draw presumption as to genuiness of the allegations made in the case. 

Kallol Majumdar
Advocate, Kolkata
1586 Answers
2 Consultations

5.0 on 5.0

It is absolutely wrong to suggest that the court will be on the side of the senior citizen. The order would be passed by the court after appreciating all the evidences adduced by the parties. In case your mother fails to provide any documentary evidence to substantiate the allegations against you, her case would be dismissed.

Does she has any evidence against you as per your information?

Siddharth Jain
Advocate, New Delhi
4880 Answers
54 Consultations

5.0 on 5.0

File petition for probate of will 

 

2) in DV case take the plea that father has bequeathed property to you and mother by will that property cannot be sold as per father will 

 

3) you can win case against your mother 

 

4) she would not be absolute owner of property 

Ajay Sethi
Advocate, Mumbai
68050 Answers
4107 Consultations

5.0 on 5.0

You can challenge your father's WILL in the court and on that basis court may order case from your side that till 2030 your mother can't sell flats. 

 

Plus you can prove all current records of CIBIL report of father's and mother FD'S through their PAN details. So you will have idea that how much money are their with your mother's account.

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

if your father left a will then file a petition for probate of will. once will executed it cannot be changed, only testator can change his Will. for dv contest the case on merits

 

 

Mohammed Mujeeb
Advocate, Hyderabad
10974 Answers
4 Consultations

4.5 on 5.0

Possibility of winning will arise during cross-examination of your mother. 

Court will not cancel the will of your father but can order you to evict the house till your mother is living in that house. 

Yes it can be challenged in High court but for that you have to wait for the verdict of this case. 

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

Dear Concern,

Please note - 

01. First among all, install CCTV cameras at your house and start recording day to day activities of your house to submit it before the court or before any authority to prove your innocence. It's true that the one who has brought up the case in against you is the one who is liable to prove the veracity of that case but simultaneously it is also true that the Courts are normally sympathetic towards senior citizens because majority of the cases brought up by them are true in their nature. 

02. Thereafter install call recorder in your Landline number if you have that and your brother uses that phone to communicate with your mother. 

03. Look for the Domestic Incident Report (DIR) which is attached with the petition of your mother. If that is not acknowledged by the Police Authorities or by the NGO but is only backed by the signature of your mother and her advocate then you can challenge that DIR before Session Judge under section 397 of the CrPC. This appeal itself will resolve your crisis and you do not need to approach the High Court for this case. But in case it do not get resolved before the Session Judge then you need to come before the High Court under section 492 of the CrPC.

04. You need to have as many proof as you can to prove that your mother is lying. Unless you have that you will keep making rounds before the court with no ultimate results coming by your side. So installing CCTV cameras, recording each and every communication of yours, yours family and your mother is utmost important. 

05. Simultaneously you can bring another case in against your brother and mother seeking permanent injunction in against them from alleniating any portion of the property up till 2030 based on the will written by your father. The moment your case will be before the court and you will be granted the interim relief their entire aim and aspirations will fail. Then do can anything but they won't be able to sell the property and hence will always on the loser side. If the valuation of the property is more than 02 crore then you can come before Delhi High Court but if that is less than that then you have to go before lower court. 

06. If things go beyond your control then you can also bring criminal case under section 506 of the IPC and for criminal intimidation in against your mother and brother and the case filed by your mother and the evidences created by you through the help of CCTV and other things will help you to prove your case. 

Pulkit Prakash
Advocate, Delhi
189 Answers
3 Consultations

5.0 on 5.0

The property belonged to your father. He willed it. That means that he didn't die intestate. If he had willed everything how come your brother is going on selling all the properties without your consent. You should obtain probate on tge basis of the will and then file a suit for cancellation of sale deed.

Your mother my lodge false cases against you but as the property is willed nobody can cancel it.

Regards 

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

No, this can not be directly challenged in the HC.

 Share the copy of the Will to get a concrete advise on the topic. 

There is no law that the court will mandatoraly favor the senior citizen. 

the court is driven by the law of the land and not the age of the parties. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

When a WILL is executed by testator, it has to be  looked into and considered on the face of it. 

Get the same probated, the WILL is executed by your Father in your favour it is valid.

You can challenge your mother's will in court of law.  The chances are high and you can succeed.

Court cannot act on it whims and fancies giving a gobye to the record / material placed before it.

 

S Srinivasa Prasad
Advocate, Hyderabad
885 Answers
6 Consultations

5.0 on 5.0

You need to prove that the will of your father is genuine. Yes you can challenge it in HC. You can claim your share in that property

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

1. There are two distinctly different  and unconnected matters mentioned by you.

 

2. Even if you loose the DV case and get punished, your mother will not  be able to get ownership of the said property in its entirety.

 

3. Though it is not mandatory for getting the grant of probate of the will for properties in Delhi, you should apply for probate of the said will at the earliest to frustrate any malicious move to be taken by your said brother in future.  

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

Instead of worrying about your mother's domestic violence case, you file a partition suit against your mother and brother seeking partition of the property as per Will.

You also may obtain an order of injunction against them to not to alienate the property in any manner till the disposal of the partition suit.

This partition suit will mount pressure on them and they may come for a compromise by which you can have your advantages and benefits.

 

 

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

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