Do married women still have equal right in father's property?
Respected Madam, Sir,
Greetings of the day!!
I am a citizen of Ulhasnagar (Thane- Mumbai), My Grandfather (Died 8 years back) has a property in Ulhasnagar in which my maternal uncles are living from childhood. Its house of 400 sq. ft. approx. which is valued around 1.5 CR now. My Maternal uncles are denying to give my Mom a share of it and saying my mom does not have any right in the property as she ran away and married to different caste person. Also they states mom never visited to Grandfathers house after marriage.
1. Property is still in my Grandfathers name. But he passed away 8 years back.
2. No will was made by him and the property is still in my Grandfathers name.
3. My Mother and Father after marriage visited to their house thousand times. Also my Father helped my maternal uncles to come out of Jail because one my maternal Aunt committed suicide and said that it was because of them. (We have many photos to prove that My Mother and Maternal uncles have met)
4.We have sent my uncles a 1st notice through Lawyer 3 weeks back and also received their response(through lawyer) that they are not ready to give any share because my mom married to Christian guy and does not hold any right to claim. If we still ask for share they will charge us (406, 420 and 384 of I.P.C)
5. Mother age is 50 born in (1967)
6. The legal notice through lawyer which my Mom and our Lawyer has received in that there is a Fake Signature of my youngest maternal uncle who is in our Favor.
Please help me to understand below:
1. Is my Mother is still liable to get the Equal Share (Like her Brothers)?
2. Please help me with some I.P.C section details which can prove that my Mom is liable to get an equal share?
3. We think that they will play dirty and will try to attack me or my father by any fake case of threat. So is there any way we can save ourselves from getting in this trap? Or if police come to arrest us if they complaint for threat, then ho w can we save us from getting arrested?
4. My maternal uncles are planning to build a shop in that property, how can we stop them from building anything?
5. Can we take any legal action against the Lawyer, who use fake signature of my Maternal Uncle without his consent?
6. My lawyer is not confident on the IPC section numbers, could you help me with some which I can suggest him and make the Case strong?
Request you to help me with above queries as soon as possible.
Asked 2 years ago in Property Law from ulshasnagar, Maharashtra
1) on your grandfather demise your mother has equal share in property
2) merely because she married outside her community does not mean she has no share in property
3) no case of criminal breach of trust , cheating is made out as alleged by your uncle lawyer
4) contact a local lawyer and file suit for partition
5) don't file any case against lawyer . He would not forge your uncle signature
6) in case you are attacked file police complaint against the culprits
7) in case you are threatened file compliant of criminal intimidation under section 506 of IPC
1. Your uncles are fooling your mother. On the intestate demise of your maternal grandfather all his properties devolved equally on all his heirs i.e his widow and children. The share of your mother is equal to the share of her brothers, which she can cull out by filing a lawsuit for partition. Her marriage to a Christian is no bar to succession by her to the properties of her father.
2. Do not worry about any IPC sections as none is made out against you. These sections have been mentioned in their response with the sole object to scare and retreat you. No criminal case is made out against either party.
3. If the signature of one of your uncles has been made then it is for that uncle to file a criminal complaint for cheating and forgery.
With the help of your suggestion and a hired lawyer from Hyderabad, we did file suit for partition in Ulhasnagar- Thane Court.
2nd Hearing is on 11th April.
We came to know that my maternal uncles has given all wrong information about my Moms Character to lawyer and all ready to harass her in Court in front of all. My mom is very upset after hearing all these.
Also they have given a CAVEAT application to court after our 1st hearing.
Please help me with below queries:
1. When the opponent lawyer will start harassing my Mom in court, what can be done to take action against their inappropriate/bad words they are going to use for my Mom.
2. How to get a Stay order in 2nd hearing, when we know they have applied for Caveat application. (We already given Injuction docs in court while filling a suit.).
Asked 2 years ago
1) lawyer has to reply to issues raised by your mother in the suit for partition and not cast aspersions on your mother character
2) your lawyer can raise objections if the opposite lawyer tries to harass your mother . judge will come down heavily on the lawyer if he casts aspersions on your mother character
3) court will pass stay order only after hearing both the parties
1. Your lawyer will plan your course of action when the 'bad words' are spoken. Trial court lawyers are most competent to deal with such scenarios, so leave it to your lawyer.
2. If you can prove through prima facie evidence that your right has been breached then stay may be ordered.