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Dispute between son and father on property which is built by father
21-Feb-2023 (In Property Law)
Son and his wife have been beating father and mother over property since last 3 years. and now have beaten up them for the property. Son claims that he has built up the building and father and mother are staying with them. Father and Mother are 82 years and 70 years respectively. Daughter(Elder) has now taken up the charge and fighting for mother and father. But since she stays in Pune she is not able to do much. Actions taken till now: 1. Cases filed in police station against the son and daughter in law for beating up the parents. 2. Notice given in paper that the property cannot be sold or any loans to be given to the son & daughter in law. 3. Case being fought in the local court of Islampur. My question is if we have to take any legal action against the son and daughter in law what needs to be done to remove them for the property as with the ill-treatment of the father and mother they do not want the property to be given t them at all. the son does not do any work.
It's unfortunate that the octogenarian parents are now a days facing such degrading treatments from the descendants. However, for the protection of life and property of the parents, the Section 21 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 provides clear remedy and it puts an obligation upon the state to ensure the protection of the life and property of the parents from delinquent descendants. Also Section 3 of the said Act provides that the descendants who shall inherit the property of the parents are under obligation to maintain them (Financially too) failing which penal provision of imprisonment is also enshrined there. The Hon'ble Calcutta High Court in Kalpana Pal vs The State of West Bengal reported in CHN Cal 460 provided guidelines for the statutory authorities and police to protect the life and property of the parents and Senior Citizens. The parents can also file a suit for eviction of trespassers against the delinquent son for his removal from the house, though that being a civil proceeding can take longer time period at the same time the Contitution of India also provided provision for fast disposal of the same. At the same time it is advised, file the proceeding under Section 3 and 21 of the aforesaid MWPSC Act 2007 which would put additional pressure upon the delinquent son. All the best for your action to be taken in due course ahead, have faith in judiciary you'll surely get relief sooner or later. Regards.
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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What is the ancestral property dispute between father and son?
Can a father prevent his son from inheriting the property? The father can disinherit his son if the property was acquired by him. If the property is ancestral then the son has a right to it and cannot be disinherited. 26-Sept-2023
Can a son file case against father for property?
A son cannot claim the property of his deceased father, but he may be able to claim support from him if in need.
How do families resolve property disputes?
Litigation is the process of resolving property disputes by contacting the courts. This includes attorneys, court fees, lengthy procedures, etc. To resolve a dispute, you will need the proper documents. This includes the title deed and death certificate of the karta. 02-Nov-2023
Can a father disown his son from property?
Justice Pratibha Rani, in a recent Delhi High Court judgement, noted that a child has no legal rights to the self-acquired properties of his parents unless he can prove his contribution toward the acquisition of the property. Parents have the right to decide whether or not their son can live on the property. 01-Nov-2022
Senior Citizens can take protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. There is Tribunal for dealing with applications which are supposed to be disposed of within 90 days. Under the present circumstances an application can be filed under the Act claiming monthly allowance from the son and the son and daughter in law should be evicted from the house where they are living and ill treating his parents. This is another option.
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Adv. Dr. Saibal Chandra Pal
Kolkata | 100+ Answers
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Respected Madam/ Sir..
I read your matter very carefully and I like to suggest you to file both criminal and civil case and constitutional Writ petition to claim your father &Mother self respect and to teach your brother and sister in law a good lesson.
For further progress please contact me. Everything is taken care by me and my team.
I read your matter very carefully and I like to suggest you to file both criminal and civil case and constitutional Writ petition to claim your father &Mother self respect and to teach your brother and sister in law a good lesson.
For further progress please contact me. Everything is taken care by me and my team.
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Adv. Mita Banerjee
Kolkata | 100+ Answers
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According to Section 6 of Hindu Succession Act you have the right to inherit ancestral property. Your father can't sell ancestral property without the consent of the Successor. You will also have to file for partition in order to claim the property. 1.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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