Animesh Roy
Asked October 05, 2016

Father being forced to sell property

  • 2 Answers
  • 403 Views

My younger is physically assaulting father and forcing him to sell the property. He has bankrupt him and does nothing except dominating and assaulting them. Pls help what to do..

Answers 2

Sir, First you may file complaint in police station personally or complanit in the court of Judicial Magistrate of your area through your lawyer with explainantion of facts of the case & make demand for police protection & criminal action against your younger. For deatails you contact you lawyer.

If father dont want to sell a property then they can make 'Will' of the same property

Agree Comment 0 Agrees almost 4 years ago

Action against the assault:

Approach the Police station and file an FIR against your sibling for the following, depending on his actions:

1. Criminal Force[1],

2. Assault[2],

3. Hurt[3],

4. Grievous hurt[4],

5. Voluntarily Causing Hurt[5],

6. Voluntarily causing grievous Hurt[6],

7. Voluntarily causing hurt by dangerous weapons or means[7],

8. Voluntarily causing grievous hurt to extort property[8]

9. Wrongful confinement[9]

10. Wrongful confinement to extort property[10]

 

Action to protect the property:

There is an obligation on the children, out of their existing income or any other property, to maintain their parents who are incapable of maintaining themselves. The Code of Criminal Procedure allows the Magistrate to fix a monthly amount which shall be payable by a person to his parents depending on factors like their necessary expenses and his/her income.  In addition to this, the Ministry of Social Justice and Empowerment also passed a Maintenance of Parents and Senior Citizens Act 2007 which imposes similar obligations on the children to take care of their elderly and has set penalties for failing to do so.

You can approach the Senior Citizens Tribunal in your State, and file a petition under this Act.

 

Your sibling cannot, obviously, force your father to sell his property. If your father has made a will, then make sure that the will is authentic and make sure you have enough evidence to prove its authenticity (in case your brother comes up with a fake will later on).

 

[1] Section 350 of the Indian Penal Code (IPC)

[2] Section 351 IPC

[3] Section 319 IPC

[4] Section 320 IPC. This applies if the assault by your sibling is very grave and destructive in nature.

[5] Section 321 IPC

[6] Section 322 IPC. Applicable when Section 320 is applicable, and the hurt is voluntarily and knowingly caused.

[7] Section 324 IPC. Here, instruments and items such as fire acid etc, must have been used for this section to apply.

[8] Section 329 IPC. Punishment: Imprisonment for life, or imprisonment for 10 years and fine. Cognizable and Non-bailable offence.

[9] Section 340. It means restraining a person such that s/he cannot move beyond a certain area (such as locking up in a room)

[10] Section 347.

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.