Does Step mother have rights on my grandfather's dowry property? During my parent's marriage in the 1950 my grandfather (mother's side) gave 20kg of gold and 10 acres of land as dowry to my father. Does Step mother have rights on my grandfather's dowry property? When I was 6 years old, my mother passed away and then my father married another lady who didn't bring anything from her home. Recently my father passed away without writing any Will and now my stepmother says there is no asset left to share with me and my brother.
My stepmother has 2 sons and 1 daughter. Without our knowledge, my stepmom shared all assets with them. I am a 50 years old housewife fighting for my grandfather's assets and my brother is now below the poverty line status. Need some guidance regarding our rights. Is there any possibility of getting my grandfather's assets?
It was your grandfather's self acquired property. All gifts or dowry husband received in marriage is the exclusive property. No one can claim rights in that property. Even the wife has no right to get a share in that property.
If your grandfather died intestate i.e. without making a Will, the property will devolve as per the law of inheritance. Accordingly, the widow has no absolute right in that property. The widow and all the children of your grandfather will get equal share.
If your step grandmother has alienated that property and is now saying that she has no property in her hand, then you can lodge an FIR for the criminal breach of trust. Lodge an FIR against her under section 406 of the Indian Penal Code.
The agricultural land will devolve as per the land revenue code. According to land laws, all the legal heirs of deceased, whether male or female, will get equal share. However, the widow will get equal share but she has limited right in that property. She cannot alienate that property to any other person. However, she can make a will and transfer that property to any legal heirs of her husband.
A person aggrieved of an offence can move a complaint to the Magistrate under Section 200 of the Code of Criminal Procedure. In the AIIMS Employees’ Union vs Union of India (1996) 11 SCC 582 the Supreme Court has held that:
If the officer in charge of the police station has refused to lodge the FIR the aggrieved person can file a petition of complaint under section 200 crpc.
How to file a complaint under Section 200 crpc
Prepare a petition of complaint. State the incident in details which suggest that an offence has been committed. Adduce evidence along with the petition of complaint. Also produce witnesses who have knowledge or information about the commission of alleged offence.
The complainant must sign the complaint and do proper verification of the facts stated in the complaint. The verification will prima facie infer that the complaint is genuine.
When the Magistrate prima facie satisfies that offence has been committed, he shall examine the witness and proceed further. If the complaint does not infer the commission of offence, the accused can approach the High Court under Section 482 crpc for quashing of such a frivolous complaint. The Magistrate has many options open to him after receiving a complaint.
- He can take cognisance and issue a warrant or summons against the accused under Section 204 crpc.
- He can either inquire the case himself or direct the police officer to conduct an investigation under Section 202 crpc for the purpose to find out sufficient grounds for proceeding.
- The Magistrate can dismiss the complaint if he finds no sufficient grounds for proceeding.
- Instead of taking cognisance the Magistrate may order investigation under Section 156(3) crpc.
If there is delay in filing a complaint the complainant must satisfy the reason for such a delay. The Magistrate cannot refuse the complaint only on the ground of delay. He has to examine the facts of the case and reasons for causing delay.
My neighbour is damaging my house by using my wall as a common wall. My neighbour have used my wall as a common wall. By fixing grills, metal gate, stormwater pipes, wires etc. He is damaging my house by using my wall as a common wall. There is a sheet in the backside of their house. He has fixed it on my boundary wall and even my bathroom wall. They have lined up pots along the wall. Resulting in water damage and loosening of tiles I got fixed on my side. The lady of the house is very loud and abusive. She has called the police about her l&ll floor tenants, though she is clearly in the wrong. Most people avoid her.
You should file a complaint against him under section 426 Indian Penal Code for the offence of mischief. Your neighbour has the knowledge that his act i.e. to use your wall as his own or as a common wall, may damage the property.
In fact, you have been suffering wrongful loss to your property due to illegal use of your wall by your neighbour. You should also file a civil suit for damages and permanent injunction against your neighbour.
He has no right to use your wall without your consent. Therefore, your neighbour is bound to compensate you for any damages or loss he caused to your house.
The current situation may breach the peace and tranquillity. Hence, you should file an application to the sub divisional magistrate under section 145 of the Code of Criminal Procedure for removal of fixtures attached with your wall.
The SDM will take a bond from your neighbour and direct him to remove all the fixtures attached with your wall and will not do the same in future.
Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to me then can his first daughter who is not living with us claim the property. Iis it acceptable by law or not?
A person can gift his own property only. He has no right to transfer the other’s property by way of gift. Hence, your husband cannot gift his mothers property to you.
If the said property devolved on your husband after the death of his mother then he will become the absolute owner of that property. Then he will get an unfettered right to transfer that property through Will, sell, mortgage, lease or gift.
What is the procedure to get probate a Will for the Christian? Is it mandatory to have a will probated for a Christian in Mumbai? What is the procedure to get probate a Will for the Christian? Are Christians in Mumbai exempt from Probate? How best can a 36 year old be executed without any dispute in the family ? There are 4 legal heirs to the property.
According to section 213 of the Indian Succession Act 1925 the probate or letter of administration for a will is not mandatory for the Christians. This law is also applicable in Mumbai. Hence, you are not bound to take probate under the Indian Succession Act.
Instead of probate you have to file a civil suit. However, if you file a probate the court will not refuse on the basis that a Christian does not require probate under Section 213(2) read with Section 54 (c) of the Indian Succession Act. But the proper procedure is to file a civil suit instead of a letter of administration or probate.
I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi. But the bank bounced my cheque for the whole loan amount and filed 138 in Gujarat Ahmedabad.
I'm living in Tamil Nadu. The bank had processed the loan in Chennai. But they intentionally filed the case in Gujarat and harrassing me to repay the whole amount. The loan itself is an unsecured loan and loan tenure is upto 2024. My outstanding due is around 2 lacs but they bounced the cheque for the whole amount.
They had collected my cheque for loan process and EMI before actual payment of loan amount. Please advise me in this regard sir. How to deal with this issue. Can I file any petition in Madras High court to change the case from Gujarat to my native or any way to deal with this.
You have given the cheque to the Kotak Bank for the security of your loan. That cheque was sent to the Kotak Bank's office situated at Ahmedabad. On default of the loan the Kotak Bank has produced that cheque for the encashment in Ahmedabad Branch.
After dishonour of that cheque the Kotak Bank has filed a complaint against you under Section 138 NI Act. The facts of your case suggest that there is no impediment or illegality in filing that case in Ahmedabad court.
The cheque bounce case is to be filed at the place where the cheque has been dishonoured. Territorial jurisdiction in respect of cheque bounce case is where the complainant (holder of cheque) keeps or maintains his bank account. That cheque was dishonoured at Ahmedabad where the complainant maintains bank account.
So, the forum and place of action are correct. Therefore, the court will not interfere in this matter. This case will not be transferred to the place where you are living. No need to file any transfer petition.
You have an alternate remedy i.e. compromise this issue with the bank You should approach the Bank and try to settle this issue with mutual agreement. In the settlement process, you should insure the bank that you’ll pay the outstanding along with the cost of litigation. If the Bank accepts your deal, then it may withdraw the case on the basis of that settlement. Otherwise you have to face the trial.
My brother-in-law's wife is frequently threatening my mothers in-law that she would make a complaint to the police that she (my mother in law ) is harassing her (my brother in law's wife) and threaten to put her behind the bar. My mother in law's age is 72, and my father in law is 89 years. They are both feeling threatened. I am the son-in-law. My in law stays at Asansol in west Bengal, I am staying at Noida. What to do in such a situation? Should we make a complaint to the local police? My brother in law is protesting against his wife but is not able to do anything.
In this situation you should send a complaint in writing to the police commissioner for taking appropriate action against your daughter in law. Explain the act of threatening in detail. Don’t make superficial allegations.
If possible, state the act of threatening with date and place. Also mentioned in whose presence that allegations were made.
If she files any false case against you then your complaint will protect you against arrest or other coercive action of police. You can seek a stay of arrest or anticipatory bail from the court.
If the court finds that the accused has already stated the act of threatening to the concerned police officer, the court will provide protection to you and your wife till the completion of the investigation. The police shall not arrest you during the investigation.
Government has acquired my land but has not been paying compensation for six years. The government acquired my land in 2011 but did not pay compensation to the owner of the land. My father was the landowner but now he is dead. So I think about regaining my land from the government. How can I get my land which has been acquired but compensation is pending?
You cannot get back your land because the government has taken possession in the course of land acquisition proceeding. The proceeding of land acquisition does not lapse under Section 24(2) of Act 2013 because of non-payment of compensation.
Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act.
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
Section 24(2) Land Acquisition Act, 2013
In Indore Development Authority versus Manoharlal and others, (AIR 2020 SC 1496) the supreme court has held that land acquisition proceedings do not lapse due to non-payment of compensation.
The deemed lapse of land acquisition proceedings under Section 24(2) of the 2013 Act takes place where due to inaction of authorities for five years or more prior to commencement of the said Act 2013, the possession of land has not been taken or compensation has not been paid.
In other words, in case possession has been taken but compensation has not been paid then there is no lapse. Similarly, if compensation has been paid but possession has not been taken then there is no lapse.
Deemed lapse takes place when neither compensation is paid not possession has been taken in the course of award for land acquisition.
Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1-2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provisions of the 2013 Act.
Hence, you cannot regain your land which is already transferred in the possession of the government. If payment of compensation is pending, it shall be decided by the Act 2013 and you will get compensation on the basis of current market value of land.
How to lodge FIR in loss of mobile phone? I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local police station and then insisted on writing a general diary. And since then they are not at all interested to hear my case. My questions are :- 1. Can I still file a FIR for the same (which I came to know from a friend later on)? 2. Can I file a FIR through Court? 3. Can I get permission from court to obtain incoming calls on my number?
Police officers will not lodge a first information report (FIR) upon receiving information about the loss of a mobile phone. It is not a cognisable offence hence, FIR is not permissible under Section 154 of the code of criminal procedure.
In this situation the police officer shall record the substance of information in the general diary and the informant has to approach the court under Section 155 crpc for direction of investigation. On receiving the direction of the court the police will investigate the case.
During the investigation the police officer (investigating officer) will put your mobile’s IMEI number on the electronic surveillance to trace the current location. An IMEI stands for International Mobile Equipment Identity and it is an unique identification number.
Can I claim a share in my father's property on the basis of unregistered Will? My father is not alive. He had some agricultural lands. He was writing a vasiyat but the vasiyat is not registered due to lack of knowledge. My brother has transferred all agricultural lands in his name. I want to challenge that transfer but I have only unregistered Will. Can I claim a share in my father's property on the basis of unregistered Will?
There is no difference between registered and unregistered Will towards its legal validity. If the prevailing circumstances are supporting the creation of Will then you should apply for its probate or letter of administration.
When you successfully prove in the court that the said Will is genuine then you become entitled to claim a share in your father’s property as per the Will however, the Will is unregistered.
You should also file a civil suit for the cancellation of transfer (mutation) of agricultural lands which your brother got in his name. If there is a Will at the death of the owner (testator) the property will be settled according to that Will.
However, your brother has wrongly mutated all agricultural lands in his favour. If the property may devolve through the rule of inheritance he has no right to get all properties in his name because there are more legal heirs than one.
In this situation all the legal heirs will get equal share. Hence, you should follow the above said procedure to get your right in the agricultural lands of your father.
