Paid Advise

My aunt harassing my uncle for property

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

33507 Advices

41371 Consultations

Reading Time:

My uncle has one adopted daughter. He has a self-acquired property. His wife is torturing him to give all property to her. But my uncle wants to give the property to his daughter. His wife creating so much drama and spreading falls statement on my uncle. With the help of a local politician, she is making so much pressure to him.

Finally, she has filed a Domestic violence case in AWPS. The Police Inspector is taking her side and compelling him to prepare a will stating that after his death property belongs to his second wife within ten days register and submit a copy. Inspector rudely got a statement like that with my uncle.

Question from: Andhra Pradesh

This is a self-acquired property and your uncle is the absolute owner. He purchased the property out of his sources. He has an absolute right to transfer it to any person. No person can compel him to alienate the property to a particular person. Your aunt has filed a false case under domestic violence Act only for forcing him to transfer the property to her.

If a person files, a false lawsuit for an ulterior motive, he thereby abuses the process of the court. The High Court has inherent power under section 482 of the code of criminal procedure (crpc) to quash such a false case. Hence, in the current scenario, your uncle should file a petition before the High Court under section 482 for quashing of the domestic violence case.

As far as the police officer is concerned, he has no right to compel a person to execute a Will for the transfer of property. You may file a complaint against the police officer. He may file a complaint before the Superintendent of Police of your district.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant...

First Name is missing in jamabandi 

Question: Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in...

Can I transfer a demat account without a probate?

Question: Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this...

Can a mother gift self-acquired property to her grandson?

Question: My mother has a self-acquired property and also got property of my father. My father died in 2006 without making a Will.  However, the khatha has been transferred in my mother's name. We have a family of 3 people. Can a mother gift self-acquired property to...

Repossession of flat let out on rent since 1968 

Question: I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share...

My father did not do mutation 

Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family...

Can conveyance deed be done with the developer ?

Question: Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54