Right to maintenance and share in property

This query is : Resolved 
 

(Querist)
13 October 2019

Dear Experts,
My Brother Vijay married in 1994 and within a year shifted from our parental home to a rented accomodation because of pressure for the same from his wife.He had an independent business at that time. Subsequently,our elder brother allowed them to stay in a DDA flat owned by him.Vijay met with an acident 10 years after his marriage which caused an 86% disablity and thus rendered him incapable of any meaningful occupation to provide for his family(comprising of wife, 2 sons and a daughter). He was awarded a compensation of around 16 lakhs a few years later. My father contributed another 13 lakhs and made a fixed deposit of 29 lakhs in my brother’s name . All his medical as well as household expenses have since been met by our parents out of their and my joint business and interest accruing from the awarded compensation. In 2009, our magnanimous elder brother gifted him his flat he was staying in since 1997. 2 years after his accident, his wife started working as a teacher in a school where she is now the Principal. She never contributed towards household expenses and their children’s education.Around the same time, I started taking my brother to my office as he was feeling lonely, a practice which has continued till date.Although, my brother does not have any share in the business and cannot work productively, we started to show INR 30000 as his salary. Ever since his accident, my brother has faced utter neglect from his wife who does not even sleep with him in the same room, goes off to her parents every weekend and frequently travels outside Delhi with her children in tow asking her husband to go stay with his parents while she is away. Two of their sons are now in US, the elder one working and the younger one studying. The daughter is in final year of graduation. Their immigration/education expense have also been borne by our parents. All three children are over 20 years of age. My brother needs constant care as he suffers from frequent breathing problems and requires medication through a nebulizer. Due to my parents dwindling savings and sorry state of my business, we gave her INR 5000 less as monthly expenses about 3 months back. She threw a tantrum and asked my brother to go stay with his parents as she was going to accompany her niece (from Dubai) for a sightseeing trip in India. She did not return for the next 2 months despite numerous calls of request from my brother.The children have not spoken to their father since this incident. We involved a third part for rapproachment in whose presence she asked for the Compensation money Fixed deposits and the ownership papers of the flat they have been staying in for the last 20 years. Both these documents are with our parents as they feel that she will pressurize Vijay to dispose off the property and enacsh the FDs and desert him forever.She has come back to her matrimonial home but refused to let Vijay come there without the documents that she has demanded.She is also demanding Vijay’s share of the business. After so many years of suffering at her hands, Vijay has finally agreed to let us initiate divorce proceedings against her. Please advise about his rights and what all more he has to forego to finally breathe easy.


Dr J C Vashista (Expert)
14 October 2019

What is the opinion and advise of your lawyer engaged in Motor Accident Claim case?
If you have lost faith in your lawyer show the documents to another local prudent lawyer for proper appreciation and guidance.
Too long a story, no time.

P. Venu (Expert)
14 October 2019

What are the grounds of seeking divorce. the brother's wife, as of now, has no claim or right over the properties and assets belonging to your brother; so also, the children.

Vikram Singh Rathore (Querist)
15 October 2019

My brother's wife refuses to allow him into his own house without the FDs and his property documents. We do not want
him to go there either fearing harm to his well being.Please advise what grounds shall we pursue for filing divorce.

SHIRISH PAWAR, 7738990900 (Expert)
27 October 2019

Dear Mr. Vikram,
You can file divorce on the grounds mentioned by you on the grounds of cruelty.
Regards,



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