My aunt harassing my uncle for property

t

Question asked on: 24/05/2019

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.

Advised by: Shivendra Pratap Singh,

This is a self-acquired property and your uncle is the absolute owner. He purchased the property out of his sources. He has 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.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 17493

Consultation: 3402

Father in law filed false case of dowry death

My marriage was solemnised in year 2010 at Patna, Bihar. My father in law and his family known to us for long time. He filed false case of dowry death against all the member of our family. In year 2014 December my wife met an accident and it was hospitalised for...

Appeal against acquittal

The trial court has acquitted the accused on the ground of insufficient evidence. He was charge-sheeted by the investigation officer. He managed to acquit because I could not attend the court on every date. The prosecution was reluctant to convict him because he is an...

Section 125 crpc – Right to Maintenance

My husband is engineer, and he is very short tempered. He used to torture me on every silly mistake. Due to his torture, I have decided to live separate with my two daughters. I am a post graduate in History and working as a teacher in a private school. My father is a...

Dishonour of security cheque is no offence under N I Act

I gave loan to my friend and at the same time, he issued a cheque of the equal amount of loan for the security of the loan. However, I was quite sure that he will return that amount in 2 months but he failed to return. I made some query regarding repayment of the loan...

Ossification test in rape cases

What is the ossification test for determination of age? Does it apply in rape cases?Section 375 of The Indian Penal Code defines offence of rape. Sixth paragraph of this section says that consent of victim is immaterial in offence of rape when the age of victim is...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now