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father's Second marriage

(Querist) 24 September 2016 This query is : Resolved 
My father is planning a second marriage which i do not approve of, after death of my mother. The house we live in is in my name. If he gets married do i have legal right to ask him to vacate my house. Can he make any claims as per family law for sustenance etc. I also want to ask what liabilities does one have towards step mother and step brother or sister.
Guest (Expert) 24 September 2016
Mr. Abhishek,

I understand that your query is merely an academic query, not a real problem.

However, it may be informed to you that for marriage of your father after the death of your mother, your approval is not required by any law.

Your other question, "If he gets married do i have legal right to ask him to vacate my house?" is irrelevant in the absence of the information how you acquired that house, which you claim to be in your name.

In old age of the couple, not only ethically, but also legally you are liable to take their care, may your mother be a step mother.


Kumar Doab (Expert) 24 September 2016
Your father can claim maintenance as apprehended by you.



In such age male/female may both want a companion.


Try to have empathy with your father.
Raj Kumar Makkad (Expert) 25 September 2016
I do endorse the advice of ld. Dhingra Sir except one addition that being your exclusive ownership to the mentioned house, you are free to deal with it as per your whims and wishes, however, your parents have also certain rights against you.
Guest (Expert) 25 September 2016
You may ask them to vacate, but will have to provide shelter to them somewhere else for the purpose of their maintenance, if not in your house. But, still the question would stand, how you acquired the house and with whose money.
Ms.Usha Kapoor (Expert) 25 September 2016
Agree with Dhingra Ji and Mr. Makkad.
Sudhir Kumar, Advocate (Expert) 25 September 2016
what is their income
Abhishek pandit (Querist) 25 September 2016
Respected sirs and mam, i have no ill intention towards my father, i have no intention to leave him either in his old age (62 years old). However i do not approve of any other lady taking place of my mother. I have no problem in providing maintenance to my father to live at some other place if he marries again. The house is acquired by me by taking loan in my name from bank. The title of my property is in my name. However while purchasing the property when i paid rs 5 lakhs as margin money, my father contributed rs 2 lacs. My father has not found any companion yet for remarriage, and out of frustration he is creating various types of nuances in the house like throwing and breaking things etc. Last night he locked the door of bathroom and my grandmother had to pee outside, such is the state of affairs. With all due respect and keeping in view the present situation i would like to ask how much compensation do i need to pay for maintenance of my father, and step mother. Am i also liable towards step brother/sister.
Guest (Expert) 25 September 2016
Mr. Abhishek,

So, you have proved yourself that your query is of academic nature, when you asked an undue and premature question, "how much compensation do i need to pay for maintenance of my father, and step mother. Am i also liable towards step brother/sister." So, Sorry, this part of your query does not deserve any answer. You would not need any answers from this forum, as the judge of the would tell you through his order what you would be required to pay, when you face maintenance case.

However, if there is any truth in your story, THIS IS NOT THE TIME TO ASK SUCH A PREMATURE QUESTION, RATHER YOU HAVE THE DIRE NEED TO MAKE A REVIEW OF THE ENVIRONMENTS PREVAILING IN YOUR HOME LIFE TO UNDERSTAND WHY YOUR FATHER HAS DECIDED TO REMARRY AFTER THE DEATH OF YOUR MOTHER.

When you asked a question to evict your father, there remains no relevance to your statement, "i have no ill intention towards my father."

As regards your approval, as you stated, "i do not approve of any other lady taking place of my mother," your father is not obliged to take your approval for his 2nd marriage after the death of your mother.

The only thing you require is to analyse the circumstances, if created by the attitudes and behaviours towards him by your wife or yourself.

If he has decided to remarry, that clearly means he is not getting due attention, care & comfort due to him in this weary age.

Only good behaviour of the you/your family can change his mind, not by his eviction or any type of your approval.
Kumar Doab (Expert) 25 September 2016
AS already posted: Try to have empathy with your father.
Raj Kumar Makkad (Expert) 25 September 2016
Your subsequent query is based upon presumption. As you are practically not facing the situation of paying the maintenance allowance as on day and even your father has not performed second marriage so there is no use to waste precious time of you and the experts. Be happy and try to reconcile with the prevailing mental situation of your father.
Rajendra K Goyal (Expert) 25 September 2016
Your father, if he want to marry, can marry after your mother expired.

If house is in your name, you can ask him to leave. However, he has contributed in purchasing the house, he need residence you should not do so.

He may claim maintenance from you.

Sudhir Kumar, Advocate (Expert) 25 September 2016
I reiterate


"what is their income "

without this information I am not able to agree or disagree with any view expressed so far.
Kumar Doab (Expert) 26 September 2016
The author is not responding to the point raised by Mr. Sudhir Kumar.


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