Legal Question in Criminal Law in India

My father has gifted me (through a registered gift deed) a house that was his exclusively self earned one in 2007, out of love and affection. I am in total control of the house living there peacefully being the legal owner of the house. My father died in end 2009.

I have an elder brother and younger sister. All of us married. My blind brother got married in 1996 and his wife deserted him in 1997. Since then my blind brother is living with me and I am looking after him on sympathetic grounds.

My brother's wife since 1997 has tried her best to scare him and my parents with legal notices for maintenance etc.and she has never joined her husband since 13 years. We lost our mother in 2001, father in 2009 and my brother lost his good job in 2003 terminated on medical grounds. He is totally dependent on me being blind and not in good health at all, suffering from deep depression. He can no more work as he is blind, unwell and aged 50.

Lately (2009, after my father died) his wife has filed a case under 498a against my blind brother, me and my younger sister which is being fought in the court as all her allegations are totally baseless and the court passed a IO against her request rejecting her plea to stay with her husband.

My question is can any one have any claim of the house that I legally own that is gifted to me by father or can any court meddle with it?

Can my brother file a dissolution of marriage against his wife who has deserted him 14 years back on grounds of desertion and cruelty?

Can we file a defamation case against his wife who has dragged us to court by lieing and do courts go by the truth and merits of case?

Any good advise to counter these false allegations that is pending in the court.

Thanks Law Guru for the wonderful service !!!!

Affected Sisters


Asked on 11/28/10, 7:24 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

If a self acquired property is gifted absolutely by a registered gift deed, then donee becomes full owner thereof and nobody else will have any right therein.

Marriage law is not my field.

Defamation case depends on facts and defamatory imputations. If there are defamatory imputations published, then a case of defamation can be filed.

For defending any false case, it is advisable to complete the case as early as possible without diverting the same unnecessarily. After disposal of case, one can consider initiating civil or criminal action for false/malicious prosecution.

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Answered on 6/05/11, 1:02 am


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