Maintenance

Guest (Querist) 07 December 2016 This query is : Resolved
Helo experts,

My mother having two sons, me and my brother-Partition suit is filed by my brother before the court to seperate his share from joint family property.
My question is weather my other can request the court to get maintenance from my brother, as of now i am only bearing all the expenses of my mother?

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Rajendra K Goyal (Expert) 07 December 2016
The case is of partition, maintenance can not be claimed by mother in this case.

Guest (Querist) 07 December 2016
Ok thanks sir

Guest (Expert) 07 December 2016
Simultaneously A Maintenance Suit for Mother Could be filed Separately But Not in the Partition Suit.Depending on the Advocate who files the Maintenance Suit a Stay Could be Obtained in Partition Suit till the disposal of Maintenance Suit.

kavksatyanarayana (Expert) 07 December 2016
Mr. Justice CV Nagarjuna Reddy made an order in a decree case in A.P., directed the sons to pay Rs 5,000 per month to their mother till the disposal of the suit and the maintenance should be paid irrespective of whether the mother succeeds in getting a share out of the current dispute.

Ms.Usha Kapoor (Expert) 08 December 2016
I agree with Kaika Satyanarayana.During partition [proceedings also of Jt family mother can claim maintenance as decided by justice Nagarjuna Reddy.If you appreciate this answer please give me your profile likes.

Kumar Doab (Expert) 08 December 2016
Mother can claim maintenance from son(s).

Rajendra K Goyal (Expert) 08 December 2016
Mother can claim maintenance by filing separate case.

adv.bharat @ PUNE (Expert) 08 December 2016
You will be benefited by expert advice.

adv.bharat @ PUNE (Expert) 08 December 2016
Noting to be added.

Sankaranarayanan (Expert) 08 December 2016
yes Mother has full right to get maintenance from the son.

P. Venu (Expert) 09 December 2016
Who is (was) the owner of the property that is sought to be partitioned?

Guest (Expert) 09 December 2016
Mr.P.Venu Please Read the Query.It is A "Joint Family Property" which is Clearly Mentioned.

Rajendra K Goyal (Expert) 09 December 2016
Advised already, mother can claim maintenance, but through another case.

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