Family Matter...

[Jazlaan]

I am 76 years old retired(pvt firm) Sunni Muslim man. I stay with my youngest son and have total 4 daughters and 2 sons.  I have a self acquired flat admeasuring 572 sq.ft(1 BHK) in Lonavala, Maharastra.  Since i am old now and not able to take care of formalities pertaining to the flat, i decided to dispose of the same and there were the problem started.

The flat was purchased by me in the name of my wife, who is now no more.  Immediately, upon her expiry in Sept 2005 i got the flat transferred in my name within 2 months. Since the last 4 months, the MSEB bills, property tax, society dues etc are being paid by me and the relevant bills are drawn on my name itself.  The society share certificate too is on my name.

When a party approached us for cash purchase of the flat, we proceeded to the lawyer for doing the necessary formalities.  The lawyer informed us that since the flat was once in the mothers name, a POWER OF ATTORNEY has to be taken from all daughters and sons favouring the father to dispose off the flat.  2 daughters and 1 son signed the POA while the similar no. refused to sign the same and demanded monetary share in the flat value.

The people who did not sign the POA, further proceeded and gave a legal notice to the society asking the society not to forward a NOC in favour of the purchaser.  The society's lawyer who happens to be the same lawyer for the people who did not sign has now asked me to bring a court order, and then ask for a NOC.

Could you pl. answer the following?

1)  Since the property is my self acquired and only for procedural matter i bought it in the name of my deceased wife,  can i not sell it and make arrangements for my old age and sickness?

2)  My sons and daughters do not provide me any maintenance/monetary support and whatever care of me is taken by my youngest son. Is there any legality through muslim law by which i can demand my maintenance care expenses monthly through each of them?

3)  Since i have already lost a cash party for purchasing my flat, can i sue the people who gave notice to the society, for mental harassment case?

4)  Lastly, if i approach the family court in my nearby area, can my case be solved as early as possible?

Kindly guide me as i am in too much distress

[Anghrist]

1) As the property was in your wife's name, automatically after she dies, your children acquire the right in the property as her legal heirs. It is immaterial who has paid for the property.You need to get your children's permission before you can sell the property.

2) If you not have any income of your own and cannot support your self, you can file a petition for maintenance U/S 125, CrPC against your children seeking maintenance.  

3) You cannot sue the parties that have expressed the objection since you your self does not have the legal right to enter into the agreement in the first with out the concurrence of the other legal heirs.

4) You can file a petition for maintenance in the local family court. Maintenance cases are disposed expeditiously