CAN I CLAIM THE SAID PROPERTY IN MY NAME
STEFFI RODRIGUES DIALANI
I have a query that my mother-in-law was a member of Kaustubha Usha CHS Ltd., and she had not made any nomination or WILL on any of her childrens (3 daughters and 2 boys – 5 children).
I have married my husband in the year 1993 namely Mr. Ashok Atmaram Dialani who is the eldest son of my mother-in-law and have been residing there since 31 years.
Since there was no dispute regarding the flat I was residing peacefully in the above mentioned flat. Now since my husband has expired on 26-07-2024, all my sister in laws and brother in law who are there are after me to vacate the said flat and go away without giving me any share nor any such alimony for my living.
Also please note on 20th December 2013 my sister in laws all of them came and took all my streedhan alongwith my mother in laws gold saying that they would look after my husbands health since I am working, and took him and kept him away from me with malafide intention to divorce me.
But to my surprise I was residing in the said flat ever since my marriage. Also I would like to inform you that now the society is going for redevelopment they have informed my in laws and they are after me to vacate the flat. Can you please guide me what should be done / action to be taken.
Please note I have submitted my husbands death certificate and a copy of letter that in case any of my sister in law or brother in law comes to ask for any copy of the agreement in duplicate to the society, same should not be given without my consent as I am holding the original agreement document alongwith original share certificate. Also I have a original General Power of Attorney which was given to my husband which is notarized before me on 20-06-1994.
I am attaching all these documents for you to guide me on the same as I am the wife of the deceased husband Mr. Ashok Atmaram Dialani
Regards,
Steffi Ashok Dialani
Udhe Prabhu
Dear Steffi🙏
I believe, We have understood your Predicament & you need to take adequate INSURANCE Coverage for Self & your Assets;
Then contact your closest advocate & explore to take below mentioned steps, ASAP;
1) Lodge a Police Complaint in your Jurisdictional Police Station under BNSS;
2) Need to meet the Protection Officer to record your HoStory & then File A DV Case B4 The Metropolitan Magistrate's Court and obtain orders restraining dispossession.
3) Also file a Petition B4 City Civil Court with Specific Relief Suit to seek injunctions / prevent dispossession / restoration, if dispossesed;
Hope this will come in handy fulsomely so as to, not to handover the possession of your flat and seek above orders of protection, by following the due process of Law;
Best Regards💐
Ln; UdayPrabhu
Sent with E- Mail app
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Dr.P.K. Banerjee
Sent: 16 January 2025 15:33
To: maha-ch...@googlegroups.com <maha-ch...@googlegroups.com>
Subject: [MAHARASHTRA CHS RTI Union:7639] CAN I CLAIM THE SAID PROPERTY IN MY NAME
Members wishing to have specific answers to technical questions .OR. seeking professional help for their private grievances, may solicit (at their own discretion) the paid-services of professionals, who may be members of this Google-group, without any reference or liability to the founders of this Google-group.
the ગ્લેડીયેટર
May be if you answer the following question in a transparent manner the community will get a clear idea to enable them to guide you;
1. Questions Regarding the Stridhan Incident (December 20, 2013):
1.1. Specifics of Stridhan:
1.1.1. Can you provide a detailed list of the items that were taken as "streedhan"? (e.g., jewelry, cash, specific valuables)
1.1.2. What was the approximate value of the streedhan at the time it was taken?
1.1.3. Did you have any proof of ownership of these items (receipts, photos, etc.)?
1.2. Circumstances of the Taking:
1.2.1. Can you describe the exact circumstances under which your sisters-in-law took the streedhan and your mother-in-law's gold?
1.2.2.Did they use force, coercion, or deception?
1.2.3.Were there any witnesses to this event?
1.2.4. Did they provide any written acknowledgement or receipt for the items they took?
1.3. Reasons for Not Reporting to Police:
1.3.1. Why did you not file a police complaint immediately after your streedhan was taken?
1.3.2.Did you consider filing a complaint at any point after the incident? If so, why did you ultimately decide not to?
1.3.3. Were you threatened or intimidated in any way that prevented you from reporting the incident?
1.4. Actions Taken After the Incident:
1.4.1. Did you attempt to get your streedhan back from your sisters-in-law after the incident? If so, what were their responses?
1.4.2. Did you discuss this with your husband at the time? What was his reaction?
1.4.3.Did you seek any legal advice at that time?
2. Questions Regarding Her Husband's Removal and Subsequent Actions:
2.1. Circumstances of Husband's Removal:
2.1.1. You mention your husband was taken away with "malafide intention to divorce." Can you elaborate on the events leading up to this?
2.1.2.How long was your husband kept away from you?
2.1.3.Did you have any contact with him during this period? If so, what was the nature of the contact?
2.1.4. Did your sisters-in-law or brothers-in-law prevent you from seeing him?
2.2. Reasons for Not Filing Restitution Petition:
2.2.1. Why did you not file a petition for restitution of conjugal rights in the family court when your husband was taken away?
2.2.2. Were you aware of this legal option at the time?
2.2.3. Did you consult with a lawyer about this option? If so, what was the advice you received?
2.3. Actions Taken During Separation:
2.3.1. Did you try to communicate with your husband or his family to resolve the issue?
2.3.2. Did you seek any help from family, friends, or community members?
2.3.3. Did you try to understand their intentions?
2.3.4. Living Situation:
2.3.5. You mentioned you continued to live in the flat. How was your relationship with your in-laws during this period?
2.3.6. Did they make any attempts to remove you from the flat during your husband's absence?
3. Questions Regarding the Property and Legal Documents:
3.1. Society Membership:
3.1.1. Was your husband also a member of the society or was it only your mother-in-law?
3.1.2. Did your mother-in-law ever express any intention regarding the flat's ownership after her death?
3.2. Power of Attorney:
3.2.1. Can you confirm that the General Power of Attorney was valid and legally executed?
3.2.2. Did your husband ever use the power of attorney?
3.2.3. What specific powers were granted to your husband under the power of attorney?
3.3. Society Redevelopment:
3.3.1. When were you first informed about the society's redevelopment plans?
3.3.2. What specific communications have you received from the society regarding the redevelopment?
3.3.3. Have your in-laws made any specific demands regarding your vacating the flat?
3.4. Current Situation:
3.4.1. What is your current financial situation?
3.4.2. Do you have any other place to stay if you are forced to vacate the flat?
3.4.3. What are your immediate goals and expectations regarding this situation?
4. General Questions:
4.1. Legal History:
4.1.1. Have you ever been involved in any legal disputes before?
4.1.2. Have you ever consulted with a lawyer before?
4.2. Honesty and Transparency:
4.2.1. Are there any other facts or details about this situation that you have not mentioned?
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STEFFI RODRIGUES DIALANI
Respected Sir,
I have given the answers to your queries raised. Please help me.
May be if you answer the following question in a transparent manner the community will get a clear idea to enable them to guide you;
1. Questions Regarding the Stridhan Incident (December 20, 2013):
1.1. Specifics of Stridhan:
1.1.1. Can you provide a detailed list of the items that were taken as "streedhan"? (e.g., jewelry, cash, specific valuables) Yes
Four bangles each of 1.5 tola for me by my husband, 1 bracelet of my jesus consisting of 1 tola, 2 rings – around 1.5 both tolas, two mangalsutras, that is one of mine and one of my mother in law consisting of 1.5 tola each. One bangle kada with motis in it of 18 karat gold. Ear rings of my mother in law of diamonds I don’t know the value?. Ring of my mother in law around 5 grams.
1.1.2. What was the approximate value of the streedhan at the time it was taken? If calculated roughly around nearing 5 lakhs
1.1.3. Did you have any proof of ownership of these items (receipts, photos, etc.)? No
1.2. Circumstances of the Taking: On the pretext that we will get our brother properly treated from the hospital which was their malafide intention of getting me out of this house.
1.2.1. Can you describe the exact circumstances under which your sisters-in-law took the streedhan and your mother-in-law's gold? Same as above 1.2 point mentioned.
1.2.2.Did they use force, coercion, or deception? Yes she came up and tried to open the cupboard without asking me.
1.2.3.Were there any witnesses to this event? No
1.2.4. Did they provide any written acknowledgement or receipt for the items they took? No
1.3. Reasons for Not Reporting to Police: I have already filed a NC on their names when they took the same.
1.3.1. Why did you not file a police complaint immediately after your streedhan was taken? I did file a complaint on 20-12-2013
1.3.2.Did you consider filing a complaint at any point after the incident? If so, why did you ultimately decide not to? I have filed on the same date itself.
1.3.3. Were you threatened or intimidated in any way that prevented you from reporting the incident? Yes even the brother I have his voice message saying that you have put complaint on my sisters name.
1.4. Actions Taken After the Incident: No I did not take any action as I was alone in the house where im married and was scared.
1.4.1. Did you attempt to get your streedhan back from your sisters-in-law after the incident? If so, what were their responses? No yet till date.
1.4.2. Did you discuss this with your husband at the time? Yes he is aware about it. What was his reaction? He has asked them and they did say she has taken it.
1.4.3.Did you seek any legal advice at that time? No I was scared
2. Questions Regarding Her Husband's Removal and Subsequent Actions:
2.1. Circumstances of Husband's Removal: As he was always for me which they could not see with jealousness.
2.1.1. You mention your husband was taken away with "malafide intention to divorce." Can you elaborate on the events leading up to this? They took him out on 20th December 2013, took the mobile from his hands and gave him their number where I was not aware of where they have dumped him or in which hospital.
2.1.2.How long was your husband kept away from you? More than one year and half. (I brought him back on persuasion from the doctor to take him back on 9-11-2014)
2.1.3.Did you have any contact with him during this period? If so, what was the nature of the contact? No at all.
2.1.4. Did your sisters-in-law or brothers-in-law prevent you from seeing him? Yes when they removed his mobile I lost his contact.
2.2. Reasons for Not Filing Restitution Petition: No money as I am a poor Christian lady even till date I am not a good earner.
2.2.1. Why did you not file a petition for restitution of conjugal rights in the family court when your husband was taken away? No money
2.2.2. Were you aware of this legal option at the time? No
2.2.3. Did you consult with a lawyer about this option? If so, what was the advice you received? No
2.3. Actions Taken During Separation: No action taken as I was residing in the said flat of my mother in law alone.
2.3.1. Did you try to communicate with your husband or his family to resolve the issue? No
2.3.2. Did you seek any help from family, friends, or community members? No
2.3.3. Did you try to understand their intentions? No way as they were not coming to our house.
2.3.4. Living Situation: Staying in the married place
2.3.5. You mentioned you continued to live in the flat. How was your relationship with your in-laws during this period? As I never spoke to them nor had any enmity nor talks as my husband kept them far from my talk.
2.3.6. Did they make any attempts to remove you from the flat during your husband's absence? No
3. Questions Regarding the Property and Legal Documents:
3.1. Society Membership: My mother in law is a member and no nomination nor Will has been done
3.1.1. Was your husband also a member of the society or was it only your mother-in-law? My husband was given a general power of attorney in the year 1994.
3.1.2. Did your mother-in-law ever express any intention regarding the flat's ownership after her death? It speaks in my General Power of Attorney
3.2. Power of Attorney: Given to my husband
3.2.1. Can you confirm that the General Power of Attorney was valid and legally executed? Yes in the year 1994 I have the original copy and submitted on 19-01-2025 the copy after asking the society secretary if the copy is not available then to take it on records as I would be reinstating that power of attorney.
3.2.2. Did your husband ever use the power of attorney? Yes
3.2.3. What specific powers were granted to your husband under the power of attorney? He used to go for meetings.
3.3. Society Redevelopment:
3.3.1. When were you first informed about the society's redevelopment plans? Now in this year they discussed in the AGM that they would collect all the agreement documents.
3.3.2. What specific communications have you received from the society regarding the redevelopment? No communication
3.3.3. Have your in-laws made any specific demands regarding your vacating the flat? No nothing has been sent to me nor I have not received any legal notice or letter from them.
3.4. Current Situation:
3.4.1. What is your current financial situation? I am not earning good. Ok
3.4.2. Do you have any other place to stay if you are forced to vacate the flat? No
3.4.3. What are your immediate goals and expectations regarding this situation? That I should get the fair share of the flat
4. General Questions:
4.1. Legal History:
4.1.1. Have you ever been involved in any legal disputes before? No
4.1.2. Have you ever consulted with a lawyer before? No
4.2. Honesty and Transparency:
4.2.1. Are there any other facts or details about this situation that you have not mentioned? No
Regards,
Steffi Ashok Dialani - Cell No. 9323942423
To view this discussion visit https://groups.google.com/d/msgid/maha-chs-union/CANe9%2BuwnC3oiTyjE8A3qwXQezRwGMEPO%3D7YauLtZJgdgAp%3DpaQ%40mail.gmail.com.
Dr.P.K. Banerjee
Sent: 19 January 2025 18:52
To: maha-ch...@googlegroups.com <maha-ch...@googlegroups.com>
Subject: Re: [MAHARASHTRA CHS RTI Union:7641] CAN I CLAIM THE SAID PROPERTY IN MY NAME
Prashant Uikey
Hi Steffi Rodrigues Dialani,
Based on the facts and circumstances described, your legal rights and remedies would depend on the specifics of property law, succession law, and other related statutes in India. Here’s a detailed breakdown:
1. Legal Ownership of the Flat
- Since the flat belonged to your mother-in-law and she passed away without leaving a will or making a nomination, the flat will be distributed as per the rules of intestate succession under the Hindu Succession Act, 1956 (assuming the parties are Hindu).
- All legal heirs (5 children, including your husband) have an equal share in the property. After your husband's demise, his share would pass on to his legal heirs—which includes you and your children (if any).
2. Your Right to Reside in the Flat
- As the legally wedded wife of your husband, you are entitled to reside in the flat as it was your matrimonial home. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) protects your right to reside in the shared household, regardless of ownership or title.
- You cannot be forcefully evicted from the flat without following due legal process.
3. Your Share in the Property
- After your husband's demise, his share in the flat devolves upon his Class I heirs under the Hindu Succession Act, which includes:
- You (the widow),
- His children (if any), and
- His mother (if alive).
- If there are no children and your husband's mother is deceased, then his share will solely belong to you.
4. General Power of Attorney (GPA)
- The General Power of Attorney given to your husband in 1994 might allow you certain rights if it authorized him to act on behalf of your mother-in-law concerning the flat. It will be important to review the terms of the GPA to determine if it strengthens your position.
5. Streedhan and Gold Articles
- Streedhan (a woman’s property given to her at the time of marriage or thereafter) legally belongs to you. Taking it without your consent constitutes criminal misappropriation under Section 406 of the Indian Penal Code (IPC).
- You can file a police complaint or approach the Magistrate under the PWDVA to reclaim your Streedhan.
6. Steps to Protect Your Rights
- File a Civil Suit for Partition:
- File a suit in the appropriate civil court for partition and declaration of your and your late husband’s share in the flat.
- Seek Injunction:
- Obtain a temporary injunction from the court restraining other family members from dispossessing you or selling the property during the litigation.
- Approach the Society:
- Notify the housing society about your legal rights and submit the necessary documents (death certificate, share certificate, and any relevant documents).
- Request the society not to transfer or sell the property without your consent.
- Claim under the PWDVA:
- File a complaint under the Domestic Violence Act seeking:
- Right to reside in the flat (shared household),
- Protection order restraining family members from harassing you, and
- Monetary relief if required.
- File a complaint under the Domestic Violence Act seeking:
7. Redevelopment Context
- In redevelopment, all legal heirs must give consent to enter into agreements with the builder. You can withhold your consent until your share is acknowledged and appropriately compensated.
8. Criminal Action Against Harassment
- If your in-laws are threatening or harassing you to vacate the flat, you can file a police complaint under relevant sections of the IPC, such as Section 506 (criminal intimidation) and Section 498A (cruelty by husband or relatives of husband).
9. Next Steps as per my opinion
- Consult a lawyer: Immediately engage a competent lawyer specializing in property and family law to represent you.
- Document everything: Maintain records of communications with your in-laws, copies of all legal documents, and evidence of harassment (if any).
By taking the above actions, your can secure your legal rights and ensure that you are not unlawfully evicted or deprived of your share in the property.
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