Can a father book legal case against son?

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itsrocktime

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Hi all,I need your advice regarding this. I am a 26 year old man who recently had finished higher studies abroad. Prior to my returning back to India, my dad has remarried and has abandoned me and my unmarried sister who has just graduated from engineering. My mother had passed away last year due to illness. My dad is living separately with his new wife in an undisclosed location and had refused to give the address where he lives. Henceforth me and sister had decided to meet him in his office to talk to him about our future prospects since he has abandoned us. We had a heated argument over his refusal to take care of us in his office. There was clearly no physical assault at all. Now he is threatening to book a case against me for attempted assault and humiliation in office. Can i know what kind of case can he book against me and the measures that i need to follow. If anyone can help me.
 
I think even you can book a case against him in such instance.As you are his legal son you have right to get his share too.
 
I think even you can book a case against him in such instance.As you are his legal son you have right to get his share too.

I have had filed a property case much earlier because he tried to alienate all the properties from us by secretly selling them off. I am happy that the property is in dispute and because of it, no buyer was interested. Thank God that i took action in time!

I really think my Mother is watching us from above giving instructions of what to do. I have received a lot of moral support from friends, neighbours and relatives which kept my emotions in control.

But on the contrary i feel that whatever that happens, there's Mother watching us and telling what to do.

I think he cannot file a false case against us which doesn't really prove anything. The only reason we went to his office was he never communicated properly neither with us, relatives, his friends and last but not the least he never said where he lived currently.
 
nowadays all decisions are taken on the earth itself by almighty.maybe he dont want to put pending cases like in our courts
 
My sympathies are with you, but since you are over 18 technically your Father has no duty to maintain you financially or otherwise. (However, I believe your Sister being unmarried has a right to claim maintenance from him, and you should consult a lawyer to file the necessary petition). As for properties, if he bought them with his hard earned money then you have no claim on them, otherwise if he got them as inheritance from his own father, the property may be ancestral property and would be what is termed "Joint family property" and your sister and you would have a claim on it. Since you already have initiated a suit against him, I suppose you already know about it.

As for the current incident, the whole police / judicial process is horrible in our country, and you are best advised to stay away from all that. Your father can file a case against you, but the truth may come out in the police investigation, and in any event with a good lawyer you should have little problem in winning that case if it goes to court. But you will face several harships in the process - financially and physical. The accused in criminal cases have to be present in person at every date of hearing (which can be anywhere from once every 3-4 months to once a year).

Honestly, I think the best thing to do is to keep your distance from him. If he is so vexatious just focus on getting a share in the properties, and on your sister getting maintenance. Also, was there anything your mother left (in terms of money in bank accounts, shares or other investments, property etc.)? Because your Father would have no right over them, but they have to go to your sister and you in equal shares. (see Laws - The Hindu Succession Act - Schedule). Consult a lawyer about this also.
 
1). There's one house in my Mother's name. It got transferred to my dad's name by default since she left no will behind. The property documents are in the bank as security for my educational loan which i had taken prior to my higher studies. This house is given to rent and the entire rental income is put into my loan account as EMI. This happened before his second marriage.2). Vacant Land in Joint names of both mum and dad. I haven't allowed my dad to have a sole right on this property.3). My Home where i currently reside is solely in dad's name. He had his eyes on my home as he can sell this one as he wishes. The excuse given to us for selling our home is to compensate for our marriage expenses.4). Besides the above properties he also has a farm land in his name. Let me remind you that my father is a commissioner of sales tax and a high class officer and i do not see any justification to sell our home to make his ends meet.
 

1). There's one house in my Mother's name. It got transferred to my dad's name by default since she left no will behind. The property documents are in the bank as security for my educational loan which i had taken prior to my higher studies. This house is given to rent and the entire rental income is put into my loan account as EMI. This happened before his second marriage.
Contact a lawyer. You may have a case to get it transferred in your sister and your name.

2). Vacant Land in Joint names of both mum and dad. I haven't allowed my dad to have a sole right on this property.
Again, your mom's share should go to your sister and you NOT your dad.

3). My Home where i currently reside is solely in dad's name. He had his eyes on my home as he can sell this one as he wishes. The excuse given to us for selling our home is to compensate for our marriage expenses.

4). Besides the above properties he also has a farm land in his name.

Let me remind you that my father is a commissioner of sales tax and a high class officer and i do not see any justification to sell our home to make his ends meet.
Like I said in my last post, it's important whether these properties were bought by him from his self-earned income, or he got them as inheritance (and whether the properties have been in your family for generations), because if so, then your sister and you would get (by birth) shares in them equal to your dad. It's very important to trace the genesis of how those properties came to your family.


Honestly, get your papers and your details together and go to a good lawyer you can trust. DON'T agree to pay as percentage (some lawyers say that if you win, their fees would be some percentage of the value of the property) - that is illegal for lawyers to demand.
 
first be polite and calm and make ur own decision law is for everyone but my kind suggestion is dont take these kind of cases to court and just talk to ur father for one more time as its not good for ur future
 
Going to court will make the lawyers wealthy and nothing to us. Will take 10-15yrs for a judegement which is anyway going to be appealed.
 
like the ad telecasted for SHEENLAC VARNISH PAINTS where the case would go for more than 50 yrs:rofl:
 
first be polite and calm and make ur own decision law is for everyone but my kind suggestion is dont take these kind of cases to court and just talk to ur father for one more time as its not good for ur future

I did all that i could to be nice and did all the talking since two years, but there was never a moment that he was serious about us. Even my dad's colleagues and our relatives have tried convincing and come to a settlement, but even they gave up as he never even took their kind words into consideration.

Finally i had no choice but to take the legal way which was my last resort of action.
 
dont want to sound rude or crude. but i would like to see your dad appear on sach ka saamna.
 
I did all that i could to be nice and did all the talking since two years, but there was never a moment that he was serious about us. Even my dad's colleagues and our relatives have tried convincing and come to a settlement, but even they gave up as he never even took their kind words into consideration.

Finally i had no choice but to take the legal way which was my last resort of action.

I was going to suggest the same as the others but then i thought you would only post here AFTER having trying the other alternatives.

I wish you good luck.
 
like the ad telecasted for SHEENLAC VARNISH PAINTS where the case would go for more than 50 yrs:rofl:

He has decided to go to courts. His son will run the cases after him :thumbsup:
 
I did all that i could to be nice and did all the talking since two years, but there was never a moment that he was serious about us. Even my dad's colleagues and our relatives have tried convincing and come to a settlement, but even they gave up as he never even took their kind words into consideration.

Finally i had no choice but to take the legal way which was my last resort of action.

be careful with all ur attempts as going legal would result in some bad things
 

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