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.
Important points:
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.
Regards,
Allwin Bangera
Asked 8 years ago in Property Law
Religion: Christian
Thanks Everyone
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.).
Please Help.
Asked 8 years ago
