Can daughter file a case against brother
This has happened in Machilipatnam town in Krishna district of Andhra Pradesh.
My father in law was married to first wife and they had a son, Praveen. Later his first wife had died and he had married another lady, Lakshmi and they had a daughter, Vijaya. My father in law died 4 years ago when Vijaya was studying Engineering.
I got married Vijaya in 2014 and came to know later that Praveen and my father in law’s brothers had asked my mother in law and Vijaya to sign documents related to the properties to his name, one day before our marriage, by blackmailing the marriage disruption. Now, my mother in law is not being looked by Praveen and has no income to lead a normal life. I came to know all about this only now.
I would like to know, if there is any chance if Vijaya can file a property case against them so that they can give some property/ source of income to my mother in law, so that she can lead a happy life.
Appreciate your help in this regard and any pointers in this regard would help us in helping my mother in law.
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
1) if mother in law is a senior citizen she can move senior citizen tribunal and seek maintenance from her step son
2) she can also move court to set aside transfer of properties in favour of son on grounds of coercion .
3) contact a local lawyer
both your wife and her mother have equal rights in the properties left behind by her father. She can file the suit for partition alleging fraud and coercion on the part of Praveen, her brother from the 1st wife of her father, her mother can be the 2nd defendant in the said suit. Get issued a legal notice to praveen to give your wife i/3rd share in the properties failing which threaten to file the suit for partition. It will work.
It seems that a relinquishment deed had been executed by your wife and mother-in-law, which can now be challenged by them on the ground that it was executed under undue influence. Your mother-in-law can also sue her son for maintenance in the court to get the required amount of financial support.
Hi, if the release deed was executed by coercion then your wife can file a suit for cancellation of the release deed and also for partition of the property.
2. If your wife is able to establish the fact that the release deed was executed by fraud then you will get your share in the property.
You should file a suit for cancellation of deed and recovery of pooporty under section 15 of contract act. That document was signed by coercion and due to this reason it is voidable under contract act.
our wife sold issue a legal notice to her brother seeking partition and her share out of her father's property stating that whatever document he got it signed from her is not valid because he has obtained them under threat and coercion. Subsequently she can file a declaration suit seeking to declare the said deed as null and void and also the relief of partition seeking her share in the property. The limitation for filing this suit is 3 years, so it is better to file the same as early as possible.