BALASAHEB PATIL Vs. SONI @ SONI PATIL

JUDGEMENT

(1.) In the matter at hand, various legal provisions and acts are invoked creating a complex web of familial and legal disputes surrounding the residential property No.73 in Chandra Layout, Bengaluru. The legal saga surrounding the residential property in Chandra Layout, Bengaluru unfolds a tangled narrative of familial discord between a father and a son. These petitions are filed by father, mother and daughters on one side and the daughter-in-law on the other side. Therefore, this Court deems it fit to cull the family tree produced in the partition suit filed by son (Anilkumar) against his father, uncle, mother and sisters in O.S.No.41/2019. The family tree is as under:

(2.) The father BalasahebPatil, is a Retired Police Officer and therefore, claims that the residential house at Chandra Layout, Bengaluru is his self acquired property. The father asserts that while he was serving as Police Officer, he applied for allotment of plot to the BDA and the authorities have allotted a site on 31/3/1999 and sale deed is executed on 29/3/2014. At its core lies a fundamental disagreement between BalasahebPatil and his son, Anilkumar, regarding the nature of the property. The family owns several agricultural lands, commercial properties and sites at Bijapur and other cities. There appears to be dispute after BalasahebPatil asserted that the residential house at Chandra Layout is his self acquired property whereas his son Anilkumar contends it to be a joint family ancestral property. This foundational dispute has led to a series of legal battles between father and son that delve into complex intersections of family dynamics and legal statutes.

(3.) The father BalasahebPatil lodged a complaint before the Deputy Commissioner of Police on 30/4/2019 requesting the police officer to take suitable action against his son and deliver possession of second and third floors of the residential house to enable him to lead a peaceful life. This action of father led son to institute a partition suit in O.S.No.41/2019 on the file of the Senior Civil Judge, Sindgi. It seems on receipt of summons, father (BalasahebPatil) filed a petition in Misc. Petition No.69/2019-20 against son under Ss. 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "Senior Citizens Act, 2007") requesting to evict the son and his family members from the schedule property and to handover physical possession of second floor and third floor.Simultaneously, Anilkumar's wife namely Sony @ Sonia Patil initiates legal action under the Domestic Violence Act, 2005 (for short "D.V. Act, 2005) alleging harassment and seeking remedies against in-laws and sisters-in-law. The miscellaneous petition filed by father was allowed by the authority and Anilkumar (son) was directed to handover vacant possession to the father.