I am the third son in my family of 4 male heirs. my father died in the year 1986 leaving behind his wife and four male children. my elder brother died in 1998. my mother has filed a case for maintenance under sec 125 against me. my grandfather had purchased a no of properties during his life time. he had executed and registered a will clearly mentioning that all his property should go to his son and grandsons (male heirs) my father who was visually challenged had not purchased any property nor executed any will. after death of my father we were forced to sell the properties one by one on insistence from my younger brother. in 2011 when he wanted to sell a house property i objected to sell the same and expressed by desire to retain the same and asked other legal heirs to partition my share and sell theirs. to avoid partitioning and other costs they agreed to release their rights in my favour for consideration. accordingly a family release deed was executed and registered. even though my mother is not entitled to the property as a family member a certain amount was given to her at the time of sale of each property including the house property. out of my love and care for my mother in 2011 i had given an undertaking to my mother by executing a "well wisher deed" to pay an amount of rs. 10 lakhs out of my own funds { on 20 rupees non judicial stamp paper (non registered)} it was agreed that a maximum amount of rs, 7000 will be paid out of the rental income generated from the house property acquired by me thru release deed. i have paid the total amount on different dates/on different occasions for which i have maintained details(no voucher) also when we decided to partition agricultural land among the legal heirs considering the age and health conditions of my mother 1/5 of the property entitled to my father was not immediately partitioned but registered in my mothers name. in 2017 & 2018 my younger brother grabbed the said property from my mother by executing two settlement deeds. my wife had filed a minor suit claiming my son's entitlement in his grandfathers property. against my mother and my younger brother. to counter this my younger brother is using my mother and making her file complaint first in sub collector office under senior citizen protection act, which was dismissed. then he made her give complaint in police station. which was also dismissed. now he had made her file case claiming maintenance from me(only me) u/s 125. can they link this complaint to the release deed and well wisher deed executed on two different dates in 2011. if so what will be the course of action and what remedies do i have to protect me and my properties. can the other legal heirs file case or registered complaint with authorities for cancellation of settlement deed executed by my mother.IS IT COMPLUSORY FOR METO ATTEND ALL THE HEARING IN PERSON.HOW LONG IT WILL TAKE FOR COMPLETION..First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) your personal presence is not required on all date s
2) it is sufficient if you are represented by a lawyer
3) suit if any for setting aside gift deed or settlement deed ought to have been filed within period of 3 years . If not done it would be barred by limitation
1. since the earlier application for maintenance is dismissed, therefore, the earlier order of Sub Collector may rescue you in 125 case,
2. you have to prove that she is capable to maintain herself and you have already given her the amount (10 lakhs) in defense of 125 case,
3. 125 case usually took a time of 2-3 years for its disposal,
4. your lawyer can represent you,
5. personal appearance is not mandatory,
6. Since the matter become complicated due to the existence of various documents and litigation, therefore, you are advised to consult any lawyer of your choice along with all relevant documents
Dear Sir,
Your concern towards your aged mother is appreciable. It seems some vested interests giving trouble to you. Firstly file an application before Magistrate to implead other three brothers as respondants otherwise petition to be dismissed. You may take the matter in revision if impleading petition is rejected. Secondly, your son has no right to claim as it is not literally ancestral property (as it is not coming from four generations subject to what is stated in the Will). You have a strong case on merits.
1. If your wife has no source of income then you are bound to maintain your wife in spite of her misdeed done before.
2. The amount of maintenance would vary @ 1/4th of your income .
3. The maintenance to wife can only be avoided if during trial you can prove that your wife ahs deserted you without any lawful reasons.
4. However wife has no right of share in the property of husband though she ahs right of residence in the house owned by you.
5. Your personal presence in day to day hearing is not compulsory.
1. Property settlement deeds cannot be challenged in 125 crpc , the limited scope is only maintenance that in case mother is not able to maintain herself then she can ask for maintenance for day to day affairs.
2. You can contest the maintenance application based on amount paid on different occasions to your mother and the mala fide intent with which application is filed only against one son.
3. You can engage an advocate to contest same for you.
You have to attend.
Regards
G.Rajaganapathy
High Court of Madras
You have asked lot of questions which need to be addressed separately on the basis of the nature of the question;
If the registered release deed was not signed by yor mother with regard to relinquishment her share in the property which was on your father's name, then she is entitled to her legitimate share in it.
The deed you mention as well wisher deed is not legally enforceable because it was executed out of love and affection without attaching any legal importance to it, especially by not registering this agreement, it becomes a void contract hence she cannot claim any relief out of the deed.
If she is intentionally claiming maintenance from you alone, then you can challenge her claim and can object to her claim for a malafide intention especially while leaving out out her other children in her maintenance petition.
If she cannot justify her stand for not impleading her other children ion this maintenance petition filed agaisnt you then it may also not be maintainable for the reason that she is playing fraud in court especially when you prove that yo have made provisions for her maintenance through the rental income to an extent of Rs. 7000/- per month.
The settlement deed she is reported to have made in favor of her another son may draw a flak however you may have to prove that she is not the absolute owner with clear and marketable title to the property transferred through said settlement deed, hence ascertain the facts From your contents it appears that the proeprty was registered on yor mother's name, hence she becomes the absolute owner of the property registered on her name. Therefore any suit for cancellation of the settlement deed either by your siblings or a suit filed by your wife claiming your son's share in it would be maintainable. In fact since this is not ancestral proeprty, your son is not entitled to any share in the property for whatever the reason he may claim now, not as a right as per law, especially when his father is alive and he had already got his legitimate share from his deceased father's share in the property.
In a criminal case filed agaisnt you it is mandatory that yo have to attend each and every hearing without fail and if not possible you may inform the advocate to file a petition before the concerned court to condone your absence for the reasons stated therein.
You don't have to present in every hearing.
Property dispute and 125crpc maintenance cases both are different.
Your mother can claim maintenance under Senior Citizen act.
registered settlement deed cannot be revoked unilaterally by the donor especially when it is an unconditional settlement.
1. No they cannot link petition under section 125 CrPC with release deed and well wisher deed.
2. Yes other legal heirs can file case but you will win the case as you have already paid them consideration.
3. No it is not mandatory for you appear personally your advocate can appear on your behalf.
You need to pay the maintenance only if father is dependent on you. If father has enough income ge can't demand maintenance under 125 crpc.
1. Mother can sue her son for maintenance under 125 Cr.P.C if she is not self sufficient.
2. The right of a mother to be maintained by her son in her twilight years is independent of any proprietary rights which she may have. One may own a property worth 10 crores but if the property is not getting sold and is also not fetching any rental income then it is not a factor to be considered by the court.
3. The presence of your lawyer shall suffice on all hearings except when you are to lead your evidence as a witness.
