Dear Lawyers, We are 3 brothers, 1 sister and are Sikhs. My father has expelled me from the house, and I along with my family do not live at the paternal property anymore. There are few things which I would like to mention before I ask my questions: 1. We have filed a criminal case against my father as he along with my younger brother had behaved very badly with me and my family. The case is still ongoing 2. There was a big plot in Jharkhand on my mother's name who is no more. I sold my part of the land to my wife because I was getting a feeling that my father was about to sell it without giving me any part in it. Because of this, my father filed a civil case against me. This case is also ongoing 3. I had another younger brother who was paralysed. He expired before 6 months. My sister says that she wants his part as well, as she used to take care of him when he was not well 4. My father lives with my younger brother on the paternal property 5. There are few shops and plots, that need to be divided 6. Even though my father agreed to divide the property in front of a lot of people, he has not done so. He expects us to take back the criminal case against him Questions: 1. Should we take back the criminal case against him? My Father says that only then he will divide the property. But, he has said that so many times in front of others as well, but not done so. What if we take back the case, but he doesn't divide the property. We will lose the only leverage which we have against him 2. I have daughters whose marriages are pending because I don't have enough money. Can I sell my part of the property from Mother's property considering there is an ongoing civil case filed by them against me? 3. They have expelled me from the paternal properly forcefully, threw our things, etc. Our official address is still there. Is it legally allowed? 4. Can there be a scenario that my Father doesn't give us anything in his will? In that case, can we file a case against his decision or we will have to accept whatever he says? Request you to please let me know how should we handle this situation. I am happy to provide you more details, in case you need. Thank you.
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1) you can withdraw criminal case against father
2) you cannot sell civil property if there is stay order passed by court
3) if father is owner of property he can ask you to vacate the property
4) father can execute will bequeathing his property to whom so ever he pleases
Who purchased this property ? if your father self acquired than you have no claim in his life time. And land whcih was in mother name (self acquired of mother ?), deceased brother share will inherit in father alone.
First partition than withdraw FIR.
Once withdrawn, no remedy if he refuse partition.
If no stay from court, can sell your portion.
Father can bequeath his self acquired property to any of his choice.
You can get into an mou with him that he will divide the same if criminal case is withdrawn.
You can sell if there is no injunction. But the person who buys you share will not get possession of its so joint property
No they can't expel you illegally you can file a case file for restoration
Your father can only do that if it's his self acquired property
1. IF said Property was self-acquired by Father (means father did not receive it as "ancestral property"), THEN Father can do whatever he likes with his property, which includes Sale /Gift /Donate /Mortgage /WILL or whatever, to ANYBODY, without any legal reference or permission from his children/s.
2. Both (you & father) can withdraw all types of cases against each other, PROVIDED division /partition of Property can be given via a registered "Settlement Deed", signed mutually by "ALL" the legal heirs of Father. This can be as a conditional clause that all cases will be withdrawn on executing the Settlement Deed.
3. Besides the above, you can challenge his will or seek division /partition of Father's property via a Civil Court suit, provided you documentarily prove alongwith relevant witnesses, that Father is living under fear /coercion /mental instability etc.... and that property will be swindled away by selected son /daughter.
1. See firstly you can ask him to register a partition deed for all propertied then only agree to withdraw the case and compromise.
2. See if there is stay in civil case you cannot sale same though in case there is no stay then you can inform buyer of pending case and can sale.
3. See you can change the address as there is as such no official address it can be changed in every document based on residence.
4. Yes your father for his property may make a will and exclude you from all the properties. The registered will shall stand you shall have no right over property.
See your case it looks like its a small family dispute and difference of opinion, you can sit and talk about ongoing civil suits criminal case and further partition of property and a settlement in all can be reached.
1. If the said properties in question stands in the name of your father then you have no right on his said properties during his lifetime irrespective of whether you run a criminal case against him or not. Even if you take back the criminal case filed against him, you may not get any share of his properties.
2. You can sell your undivided and undemarcated share of your mother's property on which you have the right.
3. Your father can dispossess you from his properties since he is the owner of those properties.
4. Your father has the right to deprive you from all his properties legally and convey the title of his properties in favour of others through gift deeds or will.
5. You can challenge the will finding technical faul;ts in it but can not challenge the decision of your father in depriving you from getting shares of his properties.
1. You can decide about it as per the prevailing circumstances, you can ask him to initiate the process for partition and then you can withdraw the same.
2. It may not be legally valid if you sell the share of property which has not been identified as your share with metes and bounds or boundaries.
3. You can fight against this through court of law by filing a bare injunction suit against them restraining them from interfering with your possession and enjoyment of the said property.
4. if it is your father's own and absolute property then your claim may not be maintainable.
1. It is for you alone to decide whether to take back the criminal case or continue it.Even after compounding of the case he will be under no legal obligation to divide his property.
2. You are free to sell your share in the property of your mother, but if it is a dwelling house then buyer cannot get the possession thereof unless he files a suit for partition and the property is divided through metes and bounds.
3. Who is the original owner of property from which you have been expelled?
4. Your father is free to bequeath his entire property to a stranger and give you nothing.
Hi,
Out of many options, one option may be of filing the partition suit on the properties claiming your due share. Also be ready to face the things.
and get the compromise done when the things are settled.
If there is no court order restraining you from sale you can sell it legally.
You can withdraw but first execute gift deed then withdraw criminal case.
if the father plans to or has bequeathed his properties to some other individual by way of gift deed or will, the son will have no right or chance to receive any share. It is entirely the father’s property and it is upon his wish how he wants to transfer or not transfer it. Even the grandson has no rights over the self acquired property of his grandfather.
1. No you should not go for compromise in criminal case until he go for mutual settlement for property distribution.
2. No you cannot sell the share until the property is officially divided among legal heirs.
3. No legally it is not allowed to throw you out of property in which you have share.
4. Yes he can write a will without giving any share to you from his properties. In this case you cannot file any case challenging the will
The criminal case is pending against you.
The land belonged to your mother and hence after her the land belongs to her children and nobody else. Your father doesn't have any share in it.
Your sister cannot demand as of right the shar eof your brother who is no more. His share would be divided amongst all the siblings.
If the property is his ie self acquired then he can give it to anybody.
If it is ancestral then you have a share.
