Legal Question in Family Law in India
hi� My dad is schizophrenic patient. My father�s family knows this and my mom�s family too. We never went public about his disease and provided him medicines mixed in food. We possessed 25 year old medical subscription for his disease, but its lost now. I have 5 uncles and 2 aunts. They are not ready to distribute the paternal property to my dad, on account that he has got two daughters, along with taking undue advantage of my father�s disease. My grandfather died without preparing any Will. I have heard about government taking some fees and dividing the property, when will has not been prepared and children are not able to decide. Is it possible to solve this issue through that? Can I file division of property alone. or I need every uncle�s consent? In such a scenario, If required, Can I fight the case for my grandfather�s property not being distributed to my father on account that he is blessed with 2 daughters and not a son.
Apart from that, the present house we live in, had been booked long back in 2003. We named it on my uncle�s name on account of trust. My mom educated him since graduation and took care of his expenses including his marriage, his family expenses and all, but that would be of no help in fighting case for property. Loan and house, both are in his name. The initial payment for this house had been done from a joint account of my mom-dad. Later my uncle�s name was added to the same joint account for loan. My maternal uncle provided some amount of money, dividing total amount into three, transferred in each one�s name in the same joint account. Will bank provide the date when he was added in mom-dad�s joint account? We possess all the bank receipts for loan payment, along with initial receipts for house booking. We possess a written and my uncle�s signed division of investment of money in house(But on a simple paper, not on Stamp paper). Apart from that, we possess all the electricity bills, water bill, gas bills, house tax papers(except a few, which he took from my father and my father showed the rent receipts for tax saving for 2 yrs). My father will not fight case and there is no guarantee of his behaviour (accounting his disease). In such a scenario, will a present day prescription for his disease will work out (I have read that schizophrenia is detected only after twenties of age, will it be valid if we produce a present day prescription of medicine, as it is not detected even in MRI scan)? Can I or my Mother fight a case against my uncle, proving that though the house is in his name, still all the amount has been invested by us? We possess a recording of conversation between my uncle and mom, where he has accepted the total amount invested in house, that makes rest of the calculations easy to prove. He has undoubtedly invested 1 lac out of 7.5lac and we are ready to hand him 6lacs at present day (as the house amounts to 30-40 lac today and he insists his amount to be returned with interest). He wants to sell the house, but we dont want to. Are there chances of winning this case? Is it legal to use the recording in court? We should file case in family court? Request you to please guide for the same.
2 Answers from Attorneys
You may file a suit for partition of the property on behalf of your father as Guardian of your father (For this purpose you will have to provide the doctors certificate by whom the treatment for aliment is done, that your father can not decide things by himself). And get the details of the property such as boundaries survey numbers etc. and ask for a partition . Do not mix with the items that are said as joint by you. Additionally you may file an I. A to attach the properties that are to be partitioned on the same day of filing the suit. Engage a good Advocate experienced in civil matters.
Secondly if you file this partition then there will be some movements from his side, then act accordingly, avoid telling anything over phone, when ever talking over phone that the property belongs to your father and mother.
If necessary i can advice you.
You can file a suit for partition - a girl child is equally entitled to a share as much as a male child is entitled to.
Moreover in grandfathers' property you are entitled to a share. Your father is alive, you may have to take appropriate medical certificate to prove his disease. You can first file an application in court to get yourself appointed as guardian of your father, as he is unfit. Once that is done you can file a suit for partition on behalf of your father.
It should be filed in regular Civil Court of your area, depending upon value of the property it will go to the Dist. Court - Jr. Division or Sr, Division.
Contact a local lawyer, who is good in Civil matters.
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