Father in denial
Guest
(Querist) 17 December 2014
This query is : Resolved
I stay in kolkata and im educated girl and for the past 12 years live alone and surviving somehow by doing job. I have my parents and we are a affluent family.i had married someone out of my cast 12 yrs back and my father broke all ties with me...seeing this my husband started torturing me and I left him after 3 yrs and divorced him. I tried to return back to my fathers home but he is not allowing me. He threatens that he will suicide if I come back. its been 12 yrs now and I don't know how to resolve this situation. I don't want to approach him legally but I'm deprived of my birth rights.please help.
Kappil Cchandna
(Expert) 17 December 2014
Dear,
Birth rights in what sense you are talking ... Property share ?
Kapil Chandna adv .9899011450
Guest
(Querist) 18 December 2014
Sir I'm the only child of my parents and I do have right to stay in my home and have all access to everything I had before my marriage in my fathers home. what are my options as my father is threatening to suicide if I come home?
Guest
(Expert) 18 December 2014
Have a talk thro your Relatives and Friends whom your Parents have Respect and Regard
V R SHROFF
(Expert) 18 December 2014
you stated
"I don't want to approach him legally"
then approach illegally...emotionally;
LCI cant' help you. We talk legal approach here..
Unless property is ancestral; YOU HAVE NO RIGHT..
Rajendra K Goyal
(Expert) 18 December 2014
Try to marry in your caste and live a happy life. Sooner or later your parents would forget your previous marriage. Time is great healer.
ajay sethi
(Expert) 18 December 2014
call your mother and start meeting her at malls or coffee shop . she may be able to convince your father to see reason
Guest
(Expert) 18 December 2014
Coffee shops Or Malls a Place prescribed by Mr Ajay sethi A not a wise Place'
Guest
(Querist) 18 December 2014
respected sir Mr rajkumar your advise is tried many times and he does not respond to any relatives or doesn't consider my mother his wife. He has other women in his life.at this point he his building a flat for that woman. all requests from my relatives and grandmother is in vain. I have contact with my mother also meet her every month in my maternal uncle house. But she is poorly maintained by my father and does not have a say as he asks her to leave if she takes my side. Coming to MR Goyels dvice; getting settled in marriage is meaningless to me after a bitter experience..Mr Shroff the 2 house and the business of transport is my grandfathers who expired when I was 15. My father also has his transport business which obviously was established by my grandfather. My grandmother is still alive and owns the 2 house and the transport business my grandfather left to her. It is managed by my father along with his own business. My grandmother is now 80 and if she says to take me back he abuses her and threatens to abandon her. Mr shroff what action I can take legally as all attempts have failed.Its important I get back home.
prabhakar singh
(Expert) 18 December 2014
I don't want to approach him legally but I'm deprived of my birth rights.?????
NOR CAN YOU DO SO.
You have no right or claim against your father.
Guest
(Querist) 18 December 2014
Respected Mr Singh. I am the only child. Why can't I claim to my fathers property. Somebody is manipulating my father not to allow me in my grandfathers house. I don't understand sir I am not joking nor its a fake query. You are saying I'm not eligible or a original heir?
prabhakar singh
(Expert) 18 December 2014
Mam!
Kindly do not get agitated.
I simply said that you do not have any right to compel your father legally to have a cordial relation with you as no legal action is maintainable by you and you can not claim his personally earned properties during his life time. That would be yours only when he dies intestate.
If there are properties of ansecteral nature you can file a law suit as he is not ready amicably to give your share.
However only for the fact stated that house in your fathers' possession belonged
to your grand father, I am not inclined to say that you are a coparcener of that house with your father.
malipeddi jaggarao
(Expert) 20 December 2014
You are already accustomed to the ordeals of life. You left your home 12 years and married a man against the wishes of your father. Unfortunately you could not live in the marriage and took divorce. You have been living for the last 12 years. All of the sudden, you started thinking to go back to your home and your father is not ready for the same.
What are the reasons for the change in your attitude? Is it for the property or out of affection towards your parents? If it is out of affection, you can certainly have a dialogue with your father and convince him tendering your regrets for the happenings. Shed your ego and seek his love and helping hand. If this also does not work, you have two more options. Live as you are living now. You are not starving and you are doing some job and you are single. The earnings must be sufficient for moderate living. Nothing wrong if you can find out another suitable man for marriage. If this option is not workable and you want your share in the property, you have to ascertain the details of property of your father. You do not have any right on his self-acquired properties. If there is any ancestral properties, you being the daughter, you can ask for partition of such properties by sending a legal notice, and then filing a civil suit. This will create more distance between you and your father. Otherwise, you will be entitled to his properties if he dies intestate without writing any Will for self-acquired properties. In any way, if he has ancestral properties, you can claim your share right now or even after his demise.
I sincerely advice you as you have taken an independent decision way back 12 years, better stick to it and live your own life if you can strike a reconciliation with your father for whatever reasons they might be.
T. Kalaiselvan, Advocate 
(Expert) 24 December 2014
The experts have advised more than what the author expected, further issues to be planed by author herself since no legal solution can be suggested to her as she is not for it.
