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My aunt harassing my uncle for property

Shivendra Pratap Singh

Advocate

24/05/2019/ 1:11:49 PM

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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

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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