My father wants to gift ancestral property to his daughter in law. We have two brothers only and my younger brother is living abroad. My younger brother does not want to settle in India and probably he will renounce Indian citizenship. Can my father gift ancestral property to his daughter in law?
Asked from: Andhra Pradesh
Your father is not an absolute owner of that ancestral property. All lineal descendents of three generations have interest in the ancestral property. The counting starts after excluding the first generation. Hence, your father, his son, grandson and great grandson have right in the ancestral property.
In the case of K.C. Laxmana v. K.C. Chandrappa Gowda, reported in 2022 SCC OnLine SC 471, the Supreme Court clarified that a Hindu father or any other managing member of a Hindu Undivided Family possesses the authority to make a gift of ancestral property exclusively for a 'pious purpose.' The term 'pious purpose,' as construed by the Court, encompasses gifts made for charitable and/or religious objectives.
Consequently, a deed of gift related to ancestral property, executed merely 'out of love and affection,' does not fall within the ambit of the term 'pious purpose.' This ruling provides clarity on the permissible grounds for making gifts of ancestral property within the framework of Hindu family law.
Get partition of ancestral property
Your father should file a partition suit for dividing the property among the legal heirs. The nature of ancestral property changes after the partition. Each legal heir, after the partition, becomes the absolute owner of his share. Thereafter, he can alienate that portion of property. He can sell, mortgage, lease or gift that property to any person.
After the partition your father can make a gift deed and gift his share to his daughter in law. If he wants to gift all ancestral property to his daughter in law then his legal heirs should relinquish their share in his favour. All the legal heir should execute a relinquishment deed and give up their right in the ancestral property. Thereafter, your father will become the absolute owner and gift ancestral property to his daughter in law.
Relinquishment deed
All the lineal descendents are co-owner of the ancestral property. They get right in the ancestral property by birth. When a co-owner wants to give up his right he executes a relinquishment deed. Thereafter, the ancestral property does not devolve upon him. He excludes himself from the list of legal heirs in respect of ancestral property. Relinquishment deed is a medium of transfer of share. Hence, according to section 17 of the Registration Act, it must be registered. An unregistered relinquishment deed is not admissible in evidence.
Related: Can father transfer entire property to grandmother?
Advance paid 19 lacs in 2018 for a Shop but no much progress since then. We insist on registration of the sale agreement but the Builder avoids calls. Recently I came to know that the builder sold the same shop to another person. We visited the Police Station to file an FIR but the police officer refused to lodge an FIR and told us to file a complaint.
He said to first submit a complaint and they will verify the facts post which FIR can be filed. Is this not a cognizable offence? How can we insist police to file FIR and catch the builder before he absconds? The same Shop which is sold to me is even registered under different names and even most of the flats in the said building are sold to multiple buyers.
Police officers cannot refuse to register the first information report (FIR) if information discloses commission of a cognisable offence. The builder has sold the same property to more than one person. This is an offence of cheating and punishable under section 420 of the Indian Penal Code. Cheating is a cognisable offence hence, police officer cannot refuse to lodge the FIR. Police officer cannot insist the informant to file a complaint.
Section 154(3) of the Code of Criminal Procedure provides that if a police officer refuses to lodge the FIR, the informant can send the substance of the information to the Superintendent of Police (SP). the SP will either himself investigate or depute any subordinate officer to conduct investigation.
The above provision is statutory provision and SP shall initiate the investigation if the substance of information discloses commission of a cognisable offence. In Lalita Kumari vs State of U.P. the Supreme Court has held that officer in charge of the police station (SHO) cannot refuse to register FIR of a cognisable offence. He has no option to conduct a preliminary inquiry before recording of the FIR.
Preliminary inquiry before lodging of FIR
In Lalita Kumari case, the hon’ble Supreme Court opined that in these cases the police officer can conduct preliminary inquiry.
- Commercial offences
- Matrimonial disputes
- Medical negligence
- Corruption cases
Cheating is not a commercial offence. It is an offence against property. This is a cognisable offence and investigation commences only after FIR. Hence, the opinion of police officer is unjust and violates the legal principles. You should send the substance of information to the SP and wait for his action. If the SP also does not take any action on your complaint then you should approach the district court under section 156(3) crpc.
The first class judicial magistrate shall direct the SHO to lodge the FIR. he can also monitor the progress of investigation and call a status report. In the Sakiri Basu case the Supreme Court has held that the Judicial Magistrate has power to monitor the investigation.
I have my house in the village of UP. There is a construction of a road under (MPLAD Scheme) in front of my house which is my land. A few of my neighbours are threatening my family for the construction of a public road. I have the documents to prove that the government is illegally constructing that public road on my land. What should I do to stop this?
Asked from: Uttar Pradesh
You should lodge an FIR against such an illegal act because it is an act of criminal trespass. At the same time, move an application under Section 24 U.P. Land Revenue Code for the measurement of you land over which the government is constructing a public road. You can also send a representation to the Collector for stopping the ongoing construction of public road.
Government cannot construct a public road on private land
The government has no power to construct a public road over the property of a private person. However, the right to property is not a fundamental right but it is still a constitutional right. Therefore, the government cannot deprive a person from his property without due course of law.
The due course of law requires that the government should acquire the land first. Then pay a fair compensation to its owner. Thereafter take the possession of that land. If that procedure is not followed you have the right to stop the construction.
You said that you can prove your ownership. It means the revenue records are showing that you are the owner of this land. Therefore, government is constructing this road without acquiring your land.
File a writ petition
If you get no relief from the police and Collector then you should file a writ petition. Article 226 of the constitution of India empowers the High Court to issue a writ against the state for protecting the rights of citizens. The High Court may issue a writ of mandamus and direct the Collector to immediately stop the ongoing construction of the public road.
In the writ petition you should annex all documents which tend to prove your ownership on the concerned land. Adduce certified copy of Khatauni and Map of your land. Khatauni reflects the name of person who has the possession in the land.
If you lodge the FIR then adduce its certified copy. Application for demarcation of land and representation to the collector are also vital evidence. Thus you should also adduce those documents.
The High Court, if satisfied that it is your land, shall issue a writ of mandamus and direct the collector to stop the construction immediately. Court can also direct the concerned officer to demarcate your land within a stipulated time. If the collector does not take any action on the order of High Court then you can move a contempt petition against him.
Also read: Concept of individual land in the law
Hello, I am from Malayali-family, formerly resided in Malad, Mumbai. My husband suspecting my character because of my pre marriage affairs. I recently got married on 17th Feb 2020 and moved with a new partner. But, soon I got stuck with him under lockdown and my life has become like a caged-reptile bonded 24×7 to the new man, whom I hardly knew 6 months prior to marriage. As soon as I got married, 2020 year has been like a storm in my life.
My natural inclination driven by my high Estrogen is to be-friend, hang-out, flirt and go on dates with multiple boys, which I enjoy the most and want to continue. But, this new man delivered a package in the form of "husband" and doesn't like me meeting or even talking to guys. He gets suspicious even when I am talking to my office male-colleagues working at CITI, my socialite club MAD (Make-a-difference) or ex-boyfriends. I am now reduced to his 'house-maid'. I want to get out of this bonded labor life, I cannot just stand him and want my thrilling scandalous sexy life back.
Whether the above legal-reasoning and opinions will enable me to initiate divorce? What will be the formalities and process, and charges for initiating divorce?
Asked from: Kerala
It appears from your question that you have no faith in a marital relationship. You have been enjoying your sexual life with so many friends and still look the same. A husband does not expect such behavior from his wife. Therefore, he has the reasonable ground for suspecting your conduct.
Divorce from husband
You cannot file divorce case on the grounds that your husband is suspecting your character. However, pre marital affairs will not cause any harm to your marital life. You did not commit any extra marital affair after marriage. But if you want divorce you must have legal grounds. Section 13 of the Hindu Marriage Act provides some grounds for divorce.
Some of the grounds are based on the guilt of the spouse. Hence, you must prove the guilt of your husband if you want divorce. Cruelty, desertion, impotency are some grounds upon which you can seek divorce. You should try to understand your husband, show respect and perform your matrimonial obligation.
Read also: Divorce on mental illness of wife
My relationship started two years back on the fact and promise that we will get married once he is settled. He is a 1996 born Gujarati boy and I'm 1995 born a Punjabi girl. After some time his friends started interfering in our relationship. Because of that we started fighting. I met his parents and requested them to please stop the unnecessary interference of his friends. But again Uske friends be Uske parents ko bhi manipulate kar diya n mere boyfriend ko bhi ki mujhse shadi na Kare. We are ready for marriage so we have established a physical relationship. Ab wo Nahi bol raha hai. Mujhse usse shadi Karni hai coz I love him so much. I want to marry him at any cost. So what should I do now to get married to him?
Asked from: Uttar Pradesh
When it comes to relationships, misunderstandings and conflicts are common. However, if you find yourself in a situation where your boyfriend is not ready for marriage, it is important to understand that you cannot force him into it. If your sexual relationship was consensual and your boyfriend did not make a false promise of marriage, you cannot prove that he refused to marry you after satisfying his sexual desires.
It is crucial to remember that love affairs are not a criminal act, and you cannot initiate a criminal case against him for not wanting to marry you. It is also important to note that a promise of marriage does not confer any civil right, and if your boyfriend retracted his promise due to interference from his friends, you cannot take legal recourse to force him to marry you.
Also read: Can Hindu girl date with Muslim boy who has no intention to marry?
If you still wish to marry your boyfriend, the best course of action would be to try and resolve the misunderstandings between you both. Communication is key in any relationship, and by talking with him and trying to remove all doubts, you may be able to convince him to marry you. However, if he is still not ready, it is important to respect his decision and move on.
It is also worth noting that attempting to compel him to marry you can result in a voidable marriage under section 12 of the Hindu Marriage Act. Therefore, it is essential to consider all options and make decisions based on mutual respect and understanding.
In conclusion, it is important to understand that forcing someone into a marriage is not a viable option. Instead, it is essential to communicate and try to resolve misunderstandings in a relationship. Love affairs are not a criminal act, and it is important to respect your partner's decision regarding marriage.
Also read: Can Hindu boy marry with a Muslim girl?
I am a Muslim girl living in Bengaluru. My deceased uncle had bequeathed expensive properties in Pune and Latur Maharashtra, by Will to me and I am a lawful beneficiary. Sir, I want to know how to file FIR against my uncle. As an Executor, he has embezzled all movable assets by grabbing and by sale. White and black money both are involved in the deals. My other uncle is living in Akola Maharashtra, is the Executor cum beneficiary along with others. He has also sold two immovable properties but is refusing to give any amount to the legal beneficiaries, who are also ladies living in Guntur (AP) and Aligarh (UP). Overall, the Uncle has cheated and breached our trust and affection.
We want to file FIR against him, but we do not know in which station to file FIR and what should be the procedure. None of us is in a position or wish to contact or employ lawyers in unfamiliar places in Maharashtra.
Kindly advise (i) Procedure to file the FIR (ii) Can the FIR be filed in any place of our residence e.g. Bengaluru, Guntur or Aligarh (iii) Where can the laid down format for FIR for the respective States be obtained (iv) What should be the IPC clauses to be included in the FIR (v) Other relevant issues in respect of this subject, to make the FIR comprehensive and effective.
You can file a First Information Report (FIR) at any place in India. If the station in charge of the police station finds that he has no jurisdiction to investigate the offence then he shall transfer it to the competent police station. This type of FIR is a zero FIR.
Lodge FIR in the local jurisdiction of the police station
You should try to lodge the FIR in the police station within whose territorial jurisdiction your property situated or sale deed executed. Contact a criminal lawyer and he will prepare the draft of the FIR. Your uncle has committed offences of cheating, criminal breach of trust, forgery of valuable securities etc. these offences are punishable under section 420/467/468/406 of the Indian Penal Code (IPC). You can know step by step procedure about how to lodge FIR under section 154 of the Code of Criminal Procedure.
In one family, parents gave their whole life to improve the life of children. But after getting a job children defied all the advice of parents and married a girl according to his choice. Parents are losing a right to choose a life partner for their children. Can parents don't have any say in fixing the marriage of their boy?
Marriage is considered as a sacramental union for the Hindus. The Hindus have refined the institution of marriage by making detailed rules and ceremonies of all aspects of marriage. Marriage is one of the sixteen “Samskaras” prevailing in “Griha Sutras”. But by the passage of time its core nature has been changing. The Hindu Marriage Act has made the Hindu marriage a civil contract.
According to section 5 of the Hindu Marriage Act (HMA) consent of parents is not necessary for the marriage. Advent of information & technology along with globalisation has caused a drastic impact on the orientation of young Hindu. Inter-caste marriage is very common today and adherence to the old principles is thought to be a sign of backwardness.
Does parents have the right choose life partner for their child
So far as the legal framework is concerned, parents cannot compel their children to marry with a person of their choice. Every adult person has a right to choose his life partner. The Supreme Court of India has declared it as a fundamental right in a leading case. Article 21 of the Constitution of India gives protection of life and personal liberty. Right to choose a life partner is the integral part of that right.
The parents still have the right to choose a life partner for their loving child. But it is not an absolute right. If the child objects or wants to marry to another girl or boy, parents cannot forcefully persuade to change his/her mind. Using “force” or “binding” the children to marry as per parent’s choice is illegal now.
Concept of marriage as “flesh with flesh and bones with a bone” has changed
Now the Hindu marriage is not purely sacramental. The provisions of Hindu Marriage Act (HMA) have introduced some elements of contract in Hindu marriage. Divorce is so easy nowadays that couples can end their nuptial knot within a year of marriage. In Tikait vs Basant, the Calcutta High Court has held that Hindu marriage was secramental and indissoluble union. The opinion of the High Court describes the nature of marriage before the enactment of HMA.
When the core concept of Hindu marriage has waned then how can the parents claim that they have the sole right to choose the life partner for their child? They cannot claim so but they can exercise this right with the implied consent of the child. Now the parents have limited rights. They cannot approach the court or take legal recourse if the child does not agree with the parents choice.
I gave 18 lakhs to my friend for his export business via a bank account. For assurance I took 5 cheques equivalent to 18 lakh. And 10 blank documents paper nothing written on it just signature. He assured me profit about 2% monthly. And he exported goods to Qatar worth rupees 40 lakhs to his Qatar firm. As per RBI norms within 8 months he had to regularize with payment. He didn't bring back the money yet. He didn't give me a profit share and did not return the principal amount.
He didn't have any fixed asset in India. How do I can pressurize him. Other than cheque bounce case can I report any other case. Like he took INR to Qatar not to bring back kind money laundering. He says he met loss and can't give back his family financially. We are both from Kerala and now he has moved to Kolkata. How I can pressurize him. He is aware about cheque case but he thinks it will take many years to compete. I gave him from overdraft I was unable to make payment towards my OD.
You should pursue the cheque bounce case. However, it may take time but it may convict your friend for dishonour of cheque and he will pay double the amount mentioned in the cheques. This is the sole option you have to resort to legal remedy. You have not made a written agreement for sharing profit in the business and his business is also lacking legal formalities.
You can file a civil suit for recovery of money
You have the evidence that your friend has borrowed money from you. The bank statement is sufficient to file a civil suit for recovery of money. In absence of business or commercial agreement you cannot sue your friend for the payment of interest upon the money. If you would have contracted for sharing profit in the business then you have the right to claim interest. You have the right to recover the amount you paid and a simple interest under the provisions of Code of Civil Procedure. The court may grant payment of simple interest on the whole amount. But you must file a civil suit simultaneously to the cheque bounce case.
My careless father forcing to marry a man of his choice. He is forcing to marry with a person of his choice. First I will tell you about my family, a heart patient father and cancer patient mother, we have 3 daughters. Their first daughter always wants to achieve something but due to our family situation we married her to a rich family. What to do if father forced to marry daughter? They used domestic violence on her, so we took her with her both children to our home. While marrying she is 18 only. After she came to our house she changed.
As a normal girl she expected many things like love, life and didn't consider her children. We stopped her everytime when she was having an affair. At this time my second sister eloped with my relative because my father forcing to accept a person to marry. My parents were heartbroken. I was studying pg and I am also having an affair with wrong person without knowing his true identity. My first sister got separated from us and shifted to new home with her children. Our second sister also moved to a new home and my parents forgave them because he is a relative.
So far as my matter they find out and put me house arrest for 2 years. At that time only I knew about my evil partner. I left home and broke up with him. I have joined in one institution as asst. prof. because of my affair my parents get me engaged to one of their relative. He is soft, gentle, silent but not act as a man. Besides this my father forcefully marry with him. We got engaged for more than 5 years but he only text me for sexual matters which I don't like, told to my parents that I don't like him. But they don't consider for it. They want to earn respect in mid of their relatives through my marriage. I am still bound to my home because I spoiled the trust of my parents. But I have waited for more than 5 years and I am in the same stage.
One more thing my first sister loved one of my relatives but my parents are against it. My second sister also tried for parents approval for her love relationship but they didn't consider. I am going to tell one more thing which is so shame to me. We are sexually abused by our father and some relatives. My father forced to marry his daughter to suppress the fact of sexual harassment. Now I am in love with one boy who is 8 yrs younger than me. He is good. Now my first sister is arranging a grant marriage for herself which is so embarrassing for my family.
Therefore, we have decided to take step against father because he is to pressurizing us to marry with a stupid guy. But my parents only think of our highest community and pride. I always don't think or behave according to the community. In my vision all are the same. Now tell me what should I do? I want my life. I want to get married soon. Now my age is 30 & I want to go somewhere where no one knows about me and want to live peacefully.
Your parents are careless people and did shameful acts in your life. In this situation you should ignore their false pride and take a decision from your conscience. Your fiance only wants from you the satisfaction of his sexual desire. This is not a sign of a good life partner. You have the exclusive right to choose your life partner. Your parents' consent is not necessary for marriage. Therefore your father cannot force to marry with him. Section 5 of the Hindu Marriage Act enunciates that an adult and sound person can solemnise marriage as per his free consent.
You should cancel the proposal of marriage with that guy because he is not compatible with you. The compatibility issue will ruin your married life so you should take a bold decision and end this relationship. You can cancel the engagement and it will not create any legal liability except for the return of gifts exchanged between you. He can claim compensation to the extent of expenses incurred in the engagement ceremony. You should resist your father for forcing to marry with such a bad guy.
I had a love marriage in 2012. My husband was into the hotel business but later left and started looking after his fathers property which is a boy's hostel. He has gotten into drinking and bad company. Fights for small things, we stay in his elder brother's house. My husband has no property in his name. Whenever I have quarrels my husband fights after drinking and demanding divorce. Sometimes he fights with his brother's wife and he asks me to leave the house or go to my parents house. He says I can't stay seperate as I don't have anything.
He asks me to give divorce if I say I want to do a job. His family members support him. I have two children which have been adopted by my brother in law in the year 2016 so my father-in-law tells my husband to abandon me and the children will stay with them. As I have no right on them. Please advise what I can do? My husband and his father know that if tomorrow I approach the court I cannot do anything as nothing is in my husband's name.
Asked from: Karnataka
You are a legally wedded wife. Your husband and his parents have misconceived the fact that after adopting the child you have no legal right. In this situation you can claim maintenance from your husband. You can seek alternate accommodation at the expense of your husband. Your husband cannot claim divorce because there is no fault from your side.
Maintenance
Section 125 of the code of criminal procedure (CrPC) empowers the destitute wife to claim maintenance from her husband. When the husband neglects or refuses to maintain his wife then the wife can file a complaint under section 125 CrPC for monthly maintenance. Your husband cannot evade himself from paying maintenance because he is jobless or has no property.
The law presumes that an able husband can earn and feed his family. Therefore, when you file that complaint no need to prove that your husband has not been earning. Maintenance is the utmost liability of the husband and he must discharge this liability if he is physically and mentally fit.
Husband fights after drinking
Your husband used to fight after consuming alcohol. He is committing violence in a shared household. Your husband has no house, his elder brother has adopted his children. Your in-laws are also living with you in this house. Hence, this house is a shared household within the provisions of Domestic Violence Act (DV Act).
You are a victim of domestic violence. In this situation you can claim separate accommodation. The court may direct your husband to provide an alternate accommodation and bear its expenses like rent etc. This house is not safe for your life and limbs. Hence, you should file a complaint under section 12 of the DV Act and seek alternate accommodation.
Your husband cannot claim divorce
Your husband used to fight on petty issues in the state of intoxication. He is planning to divorce on the educement of his parents. The whole circumstances are proving that your husband is guilty of cruelty. You have been performing matrimonial obligation and there is no fault from your side. Hence, your husband cannot seek divorce because the conditions of section 13 of the Hindu Marriage Act do not meet. You should initiate legal proceedings as soon as possible and don’t cause delay in fighting for legal rights.
Read also: Can I get divorce if husband suspecting my character
