succession
Querist :
Anonymous
(Querist) 29 July 2011
This query is : Resolved
Hi,
my name is Sandhya i am 20 years old and i would like to consult about myself and my succession in fathers property. my mother and father got married in 1990. they blessed a girl child in a year 1991. ( its me) but after my birth they got seprate due to their some personal matters or mismatching of their thoughts. My mother and her family (my grand mother and grand father ) has been looked after to me. they gave me love and education since i was one year old. my father got married (1993) with another women and didnt ask about me and my neccesity, even not spent single rupee for me , our financialy condition was not good so we couldnt take any action against him. i was minor and i was not aware of lawful things. In 2003 my mother got married with bachelor person i was also agree with my family decesion , i had no objection for my moms second marriage because according to me she had done her duty and was doing. i am still staying with my grand pa and grand mom but as per my colege record still i am using my fathers name. father have two dougther and one son fro second marrige. Now i am feeling that he only gave me birth nothing done other than this. i wish to file case against him for my compensation and succession in his property. can i get my rights in his property? or can i get compensation? or can i proove himself as a fraud? can i send him behind bar? i am a college student now and its very defficult to complete my education as wel as my marrige because our family condition is not strong. kindly guide me for my future as you think suitable to me and my family. one more thing my father is government servent.
thanking you
yours faithfuly
Sandhya
adv. rajeev ( rajoo )
(Expert) 29 July 2011
You have got right to claim share in your father's share in the ancestral property. You can also claim maintenance from your original father.
M/s. Y-not legal services
(Expert) 29 July 2011
Dear sandya.. By birth you are entitled to claim share over your father's properties. You can claim..
M/s. Y-not legal services
(Expert) 29 July 2011
And your father is a govt employee. So you can claim maintenance from your dad for your day to day needs as well as for your education expenses.. Since he is a govt servant, if he failed to pay maintenance amount mean we can attach his salary for your maintenance..
M/s. Y-not legal services
(Expert) 29 July 2011
Then about criminal consequences its too weak.. You didn't state anything about your parents separation is legal divorce or not yet divorced as per law? If its legal divorce mean we can't take any action against him. If his second marriage solemnised while his first marriage is still in force mean your mother can lodge a complaint against him. There also have a trouble. That in the year 1993 your father got second marriage, now your mother also got remarried. Then here no question can't arise.
M/s. Y-not legal services
(Expert) 29 July 2011
Your speed is your age.. While your study days don't involve your self with court and cases. You just leave this issue to elders of your family. Appoint an advocate. He or she will take care of your case.
prabhakar singh
(Expert) 29 July 2011
Can i get my rights in his property? or can i get compensation? or can i proove himself as a fraud? can i send him behind bar? i am a college student now and its very defficult to complete my education as wel as my marrige because our family condition is not strong. kindly guide me for my future as you think suitable to me and my family. one more thing my father is government servent.
THE FOLLOWING STEPS I ADVISE YOU TO TAKE TO REDRESS YOUR LEGAL AS WELL AS EMOTIONAL GRIEVANCES:
1.FILE A CASE OF MAINTENANCE FOR CURRENT PERIOD UNDER SECTION 125 Cr.P.C.IF THE AMOUNT AWARD ABLE THERE UNDER IS SUFFICIENT TO MEET YOUR CURRENT NEEDS AND WITH IN RANGE OF HIS INCOME.
2.FILE A CIVIL SUIT PRAYING RELIEF OF (i)REALIZATION OF ARREARS OF MAINTENANCE OF LAST THREE YEARS TOGETHER WITH(ii) AN MANDATORY INJUNCTION ORDER ASKING HIM TO MARRY YOU FAILING WHICH HE SHOULD alternatively BE ORDERED TO PAY A LUMP SUM AMOUNT as cost of marriage,AND ALSO PRAY (iii)THAT TO ENFORCE THESE RIGHTS a charge be created on properties he owns so that he may not be able to frustrate the decree of court, AND ALSO PRAY FOR(iv) an adintrim injunction so that he may not be able to dispose his properties during the pend ency of your suit.
BUT THIS SUIT WARRANTS PAYMENT OF COURT FEES FROM YOU. IN CASE OF NO ARRANGEMENT FOR THAT,MOVE AN APPLICATION SUPPORTED BY AN AFFIDAVIT FOR GETTING TREATED AS AN INDIGENT HAVING NO MEANS TO PAY THE COURT FEES.
BUT THIS ALL WAS TO GUIDE YOU AS TO TAKE THESE ALL STEPS YOU NEED PERSONAL SERVICES OF A LAWYER PRACTICING FAMILY LAWS.
ONE THING MORE,YOU HAVE NOT MADE CLEAR IF PROPERTIES IN HAND OF YOUR BEGETTER ARE HIS
SELF EARNED OR INHERITED.IF SELF EARNED,HE IS AT CHOICE TO GIVE IT ANY BODY BUT IF THOSE PROPERTIES CAME IN HIS HANDS FROM HIS FATHER AND HIS FATHER ALSO GOT THOSE FROM HIS FATHER,THEN THEY WOULD BE TREATED TO BE ANCESTRAL FORMING A COPARCENARY OF YOUR FATHER,YOU,YOUR TWO STEP SISTERS AND ONE STEP BROTHER,AND THAT ALLOWS YOU TO ASK FOR
A SHARE OF 1/5th BY PARTITION JUST WITH AN OTHER ADDITION OF RELIEF IN THE SUIT SUGGESTED ABOVE.MIND ,TO APPLY THIS RULE YOU SHOULD BE A MITAKSHARAIN,WHICH YOUR LAWYER WILL TELL YOU OR INQUIRE TO GET CONFIRMED.
