Legal Question in Real Estate Law in India

I'm 36 yrs. old married person staying with my wife & daughter (7yr) in my parents 1 RK in mumbai. I did love marriage 11 yrs. back without my parents consent. My parents has 2 married daughter (older than me) & another son 32 yrs old(who has a criminal background & ran away from home since 1999 after caught by police in a robbery case. since then he did not come home in 11 yrs & had been with criminal company. He is a drug addict, & has all bad habits like alcohol, charas, cigarette & all other. Due to this he was diagnosed with "Chronic Schizophrenia" by a govt hospital (I have a copy of it) & recommended to shift to a Mental Hospital in 2009. But before that he ran away from there.

My father is a retired person from 1994 & provides all his pension money to him daily as he doesn't do anything. Now from last year has been seen in our area and started coming to our home for taking money from father. He is a criminal, a drug addict & has schizophrenia. He is very dangerous to my family. He can do anything if he doesn't get money. My parents doesn't understand the seriousness of the problem & says he won't do anything. Actually i don't allow him to enter home but even then he comes for money when I am not at home.

I have informed local police station about the danger to my family's life. They said we can't take action as long as he doesn't do anything to your family.

My parents want me to leave this home ; as I'm doing job they think, as I can't stay with him together I should take loan on my own & leave this home so that they can bring him home.

My financial condition is not good so I can't take loan.

My parents are forcing me to leave the house or to take him home (which is not possible) We have frequent quarrels at home on this. My father abuses me for every little argument. They even don't allow me to put my wife & daughter's name in the ration card which is very important document.

I want to live separately; but if I go out, I think I will loose all the right on the house as my father will make it on my mothers name who will give it to him.

I will not get any share in it.

What should I do?

I want to leave home & find some room on rent for peaceful leaving. But at the same time don't want to loose right on this house.

It's difficult to stay in such condition with my parents too.

Need to take prompt action.

Plz guide.

Thanx.


Asked on 9/05/12, 12:49 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is upto you to decide what is to be done for your benefit. in case it is the self acquired property of your parents, they may bequeath the same to anyone even if you stay with them.

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Answered on 9/05/12, 4:15 am
Shrichand Nahar S.V.Nahar, Advocate

Too long query/facts.

Consult your lawyer with all the details and documents.

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Answered on 10/15/12, 2:38 am


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