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Facing challenge regarding the claim of property, please look into thi
02-Aug-2023 (In Property Law)
Hi we have a property by the name of my mother ( registry document everything is with us), and we want o sell it but unable, due to the interference of my father as he says that he has electricity bills and other bills on his name, can we sell it? or can we do the registry (benama) on anybody's else name,my mother facing domestic violence so she does not want to stay with him, how can we share a notice with him to vacant the house. Please suggest.
I have perused your query. Your mother can file a case under the domestic violence act and seek protective order if domestic violence is an issue and you want your spouse out because it’s unsafe for you to continue living with him. You can ask the court for a restraining order. This requires a very similar burden of proof as asking for exclusive occupancy. You must prove that your spouse has either threatened you with violence or actually committed an abusive or violent act against you. A restraining order would not only obligate him to leave your home, but prohibit him from contacting you or even approaching you in public or at your place of employment.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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It will first need to be seen if at all the ownership truely lies with your mother, because in family matters, the real owner turns out to be either the husband or son/ daughter or brother who purchased the same using his or her own funds.
So that clarity first needs to attained bya analysing the transaction. Once you get that answer, answer to every other question of yours will be easy.
So that clarity first needs to attained bya analysing the transaction. Once you get that answer, answer to every other question of yours will be easy.
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as you are saying tht your mother is facing a issue of domestic voilance from ur father so for tht you nees to file a case of domestic voilance in court as well as the property issue is concern in tht matter i need to go through the documements then only i can sahre my accurate advice with you.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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