the calls on WhatsApp cannot be downloaded unless the state/court passes an order. Moreover, you should obtain an order against her and her husband so that they cannot influence and pressurise your father to make that transaction. You may file an application but first you have to explain as to why you want that conversation and what will it prove.
Need advice - father is being harassed by sister, mother
Hello, I am living outside of Mumbai. My father is being pressured into buying a property for my sister, brother in law and their children to stay by my sister and mother. My brother is visually impaired and disabled and my father and I are fighting back to safeguard his future. My sister also asked me for my will because I had a brain tumor and got it removed (benign). She wanted to take over my financial assets. I put a structure in place for that. This call happened on Whatsapp and now she denies it. I didn't record it because I didn't expect this to happen. I am looking for advice My sister and my mother continue to deny it and are asking for a proof I need that call to be downloaded with our conversation so that I can use it in court. Please help. this is all our personal numbers not belonging to an entity so I am hoping this is not an issue.
Asked 3 years ago in Property Law
Religion: Hindu
14 Answers
He can file a complain being a sr citizen and take legal action against them
Yes you can use it in court
Not necessary for father to bow down to bow down to pressure tactics
2) he can create a trust for welfare of your brother so that he gets fixed monthly income for his life
3) he can appoint you as trustee for your brother
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My mother is the one putting the most pressure on my father and my brother in law and my sister are party to it. I don't have android but an iphone. I really need that Whatsapp audio call where in camera I was asked all of it. I have the will ready for him to sign. We need an executer and I am trying to be the beneficiary not because I care about the money but because I just need to ensure (before I die) that my mother doesn't hand over everything to my sister and brother in law and my brother is in streets (that is if my father and I both die back to back). My question from all of this is 1) Is it my mother/sister/b-in law I take to court or take my father to court and block everything since all the money earned to this day is by him only and they are simply nominees?
Asked 3 years ago
The audio calls of phone are not admissible as evidence before court.
You can straight away file the desired suit through an advocate.
You can give instructions to advocate about the facts and the issues that you are facing.
Your advocate can file a suit for injunction agaisnt your mother and sister to restrict them from interfering in the possession and enjoyment of your property.
You cannot get call recordings without permission from competent authority. Amd if it is a whatsapp call they no possibility of records as whatsapp have end-to-end encryption.
But you and your father can lodge a police complaint about harassment and blackmail. She cannot ask money or property in lieu of money if everything is your father's hard earned.
Nominee is only trustee for legal heirs
2) no need to take your parents to court
3) your father can execute registered will bequeathing property to you and your brother
4) reasons should be mentioned for disinheriting your sister and mother
If you feel that your mother. sister and brother in law are trying to grab your father's property, you may get a power of attorney deed from your father and file a suit for permanent injunction against them to restrain them from interfering in the possession and enjoyment of the property by your father in any manner.
If they are indulging in any violent activities against your father, you may even lodge a criminal complaint against them with local police.
Instead of fighting like this in court or dragging all those three people.
Why can't you and your father make a conditional WILL or Conditional Gift deed on your mother's name only.
Put condition that till you and your father are alive .... You both will enjoy the properties whether movable or immovable after you and your father they can enjoy the properties.
1. the law is quite well settled. so long as your father is alive he can do whatever he wishes with his money and assets
2. so if decides to purchase a property for his daughter and her husband then you cannot stop that
3. until the person dies, his wife and children are only his presumptive legal heirs
4. the person can deal with his assets in his lifetime or may make a Will in favour of a rank stranger thereby completing excluding his 'to be legal heirs'
5. you can challenge the purchase by your father only if after his death you can somehow prove that the purchases made by him were not out of his free will and volition and he was pressurized to make those purchases under undue influence by your sister and her husband and your mother
Dear Client,
As per the facts provided, the distribution depends upon your father. The best possible way is for your father to leave a Will behind him giving instructions and the manner in which his assets shall be divided after his death.
Thank You
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Is it my mother/sister/b-in law I take to court or take my father to court and block everything since all the money earned to this day is by him only and they are simply nominees?
Hello Mr!
please read your above question
first of all your question is so vague
my response was to your above question
till the time your father is alive, you have got NO locus to drag anybody to court
you can challenge the sale/transfer by your father on the insistence of your mother, sister and b-in law, only after demise of your father and provided you prove that the transfer by your father was not out of his free will and volition
henceforth refrain from writing comments in my remarks column or else i will see to it that you are banned from asking any question on this platform
admin - please remove this post/query from my list so that i do not get any follow ups from this person. please also disable the comments section so that such people dont write nonsense in the remarks column
1. your father can draft will and get it registered without informing your mother or sister or even you. As the will is a confidential documents whose contents are only known to the executor, testator and the person who drafted it. Not even beneficiary should know the contents till the death of the testator.
Yes you can file proceedings in court in this matter