Want advice
amit
(Querist) 14 September 2016
This query is : Resolved
I am son . My grandfather and father ask me and my mom to leave at the time when I am expecting baby in 8th month . My father and my wife have no such relation due to misbehaviour of father we ignored many times . Father and grandfather is also not happy with mom and wife relation. After all that pressure me and my wife leave home and take new property on loan . Then my mom also come with us.
We are busy with hospital and baby welcome. Suddenly my grand father and father sent mutual divorce paper to me.
After some time my father called me and beg for sorry and admit that he didn't want divorce grandfather forced him to do so.
So I talked with grandfather regarding same but that is of no use .
Now again they sent mutual divorce paper by fathers hand.
As income part father do nothing in life span
Mother is teacher earing well 45000rs . She run home from starting . No one from fathers family help .
Now my question what we can do.
Where my mother is harassed by father and grandfather from 30 years and my wife is also harassed by father.
My grandfather gifted a property to father where we live from last 22years. Will we have right on the same in divorce matter. Me or my mother or my baby boy?
Father have all account joint with grandfather . Will we have right on accounts ?
They don't want to give any money or property. How will we do the same ?
Grand father purchased new property wid mother name and then sale again with signing documents with his own 15years ago . Will we do any thing.?
Grandfather and father is also asking for maintainence from my mom as father is not earing any thing will it be possible?
My grandfather have own home and bank accounts and FD will we have any right on same.me and my child or mom ?
We purchased new home on loans will take have any right in my new home ?
Thanks
Advocate Kappil Cchandna
(Expert) 14 September 2016
Sir,
I suggest not to give mutual divorce unless they agree to pay some amount for the the harassment caused to your mother and your wife as well.... Even otherwise I don't think he can prove his case for divorce if he go for a contested petition .....
Warm Regards
Kapil Chandna Advocate
9899011450
Sudhir Kumar, Advocate
(Expert) 14 September 2016
"Grand father purchased new property wid mother name and then sale again with signing documents with his own 15years ago . Will we do any thing.?"
YOU CAN FILE FIR AGAINST SELLER AND BUYER.
Other aspects you could not explain well.
take help of some English knowing person.
Guest
(Expert) 14 September 2016
Mr. Amit,
Since when your mother is living separately from your father?
Also, is there any specific reason that your mother did not raise any objection 15 years earlier when your grandfather sold property registered in the name of your mother?
Ms.Usha Kapoor
(Expert) 14 September 2016
You and your siblings if any- have rights over your father's share in his joint account with grand fathers' property. If both of you die intestate or provide shares for you in a will you'll succeed to your father's shares well as your grand father's property if your are the ,only legal heir. You,your mother
your baby girl and your wife are class one Legal heirs of you. So any share of ancestral property bequeathed or bestowed on you by way of Gift or will you can partition and distribute the assets among your mother, son, daughter and wife in case you die intestate or testamentary succession also. If the property of your grand father is ancestral certainly you'll have a Right to claim partition and separate possession of the house and other valuable properties.
R.K Nanda
(Expert) 14 September 2016
Nothing to add more.
adv.bharat @ PUNE
(Expert) 14 September 2016
agreed wit expert opinion.
Mr.Amit u will be benefited by expert advice.
Raj Kumar Makkad
(Expert) 14 September 2016
This is your repeated query. I have already replied another raised in similar words by you.
Guest
(Expert) 14 September 2016
Repeated query does not deserve any response from experts.
amit
(Querist) 14 September 2016
Just make it simple to understand that's why repeat . Please advice what to do for mother. Will we do mutual or will we get some amount for mother. I actually need nothing but my mom run home for 30years now get nothing. Please advice
Guest
(Expert) 14 September 2016
You may run home at your own, why depend on your mother any more?
Sudhir Kumar, Advocate
(Expert) 14 September 2016
you do not have any claim on self acquired property of any of them.
grandfather's property will become ancestral when he dies unless he transfers the same in life time.
amit
(Querist) 14 September 2016
P.s dhingra.
I am not worried regarding me and even not for my mother.
She helped that family to run for 30 years and make father fits problem free.
Now she get nothing. I personnely invest 22lacs at that home in 2014 and get nothing. I need advise how she can get her rights not me.
We are not technical in laws but think there are always a way to get rights even in govt law or God law.
Guest
(Expert) 14 September 2016
Dear Amit,
When you have stated, "I am not worried regarding me and even not for my mother," what was the need of raising such a query, when at present, neither their is any problem with you and your mother, nor your entitlement?.
Further, you have not replied my earlier questions, as to since when your mother is living separately and why your mother did not raise any objection 15 year earlier when the property in her name was sold.
Further, when you stated that your mom also came with you that means she left home voluntarily at her own sweet will.
Now you have state, you personnely invested 22lacs at that home in 2014, when you did not make even a passing reference in your query. It seems to be quite an after thought.
In nutshell, legally you cannot do anything against your father or grand father.
Raj Kumar Makkad
(Expert) 16 September 2016
Instead of repeating the query, you would have confined to the original thread. All experts are same.
Dr J C Vashista
(Expert) 18 September 2016
Besides repeated prima facie it is a hypothetical and academic query involving number of issues such as what is the property gifted by grandfather to his son?
Whether your father has disposed of the gifted property?
Why you (during your minority) or your mother never asked your father to maintain the family?
Why all of your are dependent upon the salary of your mother?
Why does your mother bear all domestic expenses when your father is there, who is morally, socially and legally responsible to maintain her (if not other members of the family)?
Who has sent the mutual divorce papers to you? What for you want to fiddle with the married life of your parents?
The joint account of your father with his father has any relevancy with either of the above questions? Whatsoever, none of you can challenge, interfere or claim from the account.
Actually what do you intend to communicate with your statement inter alia that, "My father and my wife do not have any such relation due to misbehaviour of father we ignored many times.."? Further you have stated that, "father and grandfather is also not happy with mom and wife relation..."
Stop further clarification/debate; enough is enough.
Consult a prudent local lawyer after closing this thread as earlier (being repeated) which we do not respond and it is abuse of this platform.
Thank you for misuse of FREE ADVISE BY THE EXPERTS.
