1) your mother should file case under Domstic violence act and seek injunction restraining her husband from selling the house
2) seek maintenance from her husband
3) compensation for mental torture undergone by her
4) contact a local lawyer
Inheritance property
My father got some N A land in orissa from his elder brother (My uncle) in exchange of his portion which he got from my grand father. My uncle purchased that land from family fund i.e old jewellery and money of my grand father when my father was 20 year old but was not earning. now my father is in the clutches of the evil man who provide him " Bhang and Ganja" and spend whole day with him. My father gave some land and lacs of cash to that evil guy. My house has been broken in expansion of govt road plan and that compensation also he gave to that goon. I scared about the property coz that goon doing his brainwash and taken power of attorney to sale some portion of land. My father not giving money to my mother for house hold expenses and not full fill any responsibilities. some times he leave house and stayed with that goon guy for a week or more. please advice what to do. M his married daughter.
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
Hi
Your mother should approach court and file a case of domestic violence under DV Act 2005.
She should get an injunction of restraining order against your father not to alternate the property.
Meanwhile if the lawyer whom you approach can mediate and get a settlement and transfer the property initio mother's name.
Your mother or you can not claim a right in the property while your father is alive unless the property come under ancestral property.
A complaint by mother as a wide against him seeking maintenance, compensation and a residence can be asked under The he protection of woman from Domestic Violence act 2005.
This can be filled either in a magistrate court or a family court of the area where he parents are residing.
Consult a lawyer in person and proceed
you should file an injunction suit against sale of your immovable property which is in the name of your father. after passing of such order you should submit a copy before the registrar with a view to preclude your father from registry of any property.
1. Your father is an adult person and you shall have to prove that the other person is evil man and as per law no Court can force your father not to mix with the other person whom you are calling an evil man.
2. No Court can restrain your father to execute a POA in favour of anybody if the said POA is legally valid.
3. Your mother can file a maintenance application u/s125 of Cr..P.C. claiming maintenance from your father and also file an application before the Court praying for an order restraining your father to sell of his only dwelling house where your mother is staying with her daughter.
Your mother can file an injunction suit agaisnt your father restraining him from alienating the property. She can seek the same for the reasons to create charge on the property for future maintenance claim.
You may not find any other suitable thing than what is suggested.
