Divorce
Sumit Kumar
(Querist) 15 April 2012
This query is : Resolved
Respected Law Officer,
Can we (My Brother and I) bring our mother home back even she is divorced and we are living at our father's house?
Because Our mother has No House to Live because her Parents have died and she has been suffering and still living on rent basis by working people's houses, Sir, Please Guide us, she is been harassed by the circumstances, earlier she had taken divorce because father and Grandmother and aunts used to treat her bad, Now as we are grown up and want our mother to stay with us.
Our father was Psychiatric Patient and he is still Psychiatric Patient, But we are confident that we can control the situations now, if our mother lives with us in same home. PLEASE SIR HELP US BY YOUR VALUABLE SUGGESTIONS.
And, Problems are being Created by Grandmother's Daughters They are opposing our decisions and talk bad about our mother and so Grandmother does the same, we are living in our father's house with the Police Help, Grandmother's Daughters and their sons threat us on daily basis to death and all situation is messed up.
Please Help me and My family with your valuable Suggestion.
Regards,
Sumit Dabgotra
Devajyoti Barman
(Expert) 15 April 2012
Your mother can be brought to the house. In any case she has a right of residence and adequate maintenance.
Let your mother go for litigation after she is brought to home.
I wonder hoe you being two brothers still live in fear of your father and need our suggestion to bring your own mother.
Be a man and act like a true son.
Shonee Kapoor
(Expert) 15 April 2012
If you both are adults and earning, be the man as rightly stated by ld. Barman and take a place of your own and keep your mother there.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sumit Kumar
(Querist) 15 April 2012
Thank You everyone for your valuable Suggestions, Actually sir, We are trying to bring our mother back, but Some relatives have threantened us to death.
We made complaint against them in nearest police station but they have good contacts with police and are rich people economically, so they take the police in a very light manner...What should we do in this case?
Sumit Kumar
(Querist) 15 April 2012
And, they all Have been planning to Disinherit us , they are actually after our land and first they set fire in our room and fortunately we were not at home and everything got turned into ash.
There are three four members who are trying to get us rid of from here, and they come on daily basis , abuses us and threat.
Sir, I want to know, can My Grandmother disinherit us ?
Sumit Kumar
(Querist) 15 April 2012
And, if whole property is Divided equally, does my mother gets her right on property of our father, even she is divorced. Sir, these are few issues, I am sure your Suggestions will make it better, Now I am feeling more confident to take decisions after discussing it with all you.
Thanks And regards,
Sumit Dabgotra
prabhakar singh
(Expert) 15 April 2012
Even if your mother is divorced one but since then has remain unmarried,your father is under legal duty to maintain her providing all necessaries of life which includes even residence and in case of denial she can legally enforce her right under DV ACT and section 125 Cr.PC.
So she can be brought back to home as of her own right.
prabhakar singh
(Expert) 15 April 2012
Sir, I want to know, can My Grandmother disinherit us ?
IN ORDER TO KNOW ITS' ANSWER PLEASE TELL THE NATURE OF PROPERTIES,AGRICULTURAL,OR ABADI,THE STATE IN WHICH THEY ARE AND ALSO TELL HOW YOUR GRAND MOTHER OWNS IT???
Sumit Kumar
(Querist) 15 April 2012
Thank You ao Much Prabhakar Sir,
And, what's about those relatives who are threatning us, we have requested them not to talk with us and don't interfere our lives, they forcibly look reason to come our home that Our father is their Relative so they will come but actually they come to threat us.
Kindly Suggest me!
prabhakar singh
(Expert) 15 April 2012
IN ALL THOSE PROPERTIES WHICH ORIGINALLY BELONGED TO YOUR GRAND FATHER SHALL BE DEEMED TO HAVE DEVOLVED UPON HIS SONS DAUGHTERS IN WHICH HIS GRAND SONS SHALL BE DEEMED TO HAVE EQUAL SHARE ALONG WITH THEIR FATHERS.
Sumit Kumar
(Querist) 15 April 2012
Well, About Land, it was in the name of our grandfather and after he passed away there were names of two daughters and two sons and a widowed grandmother.
this property is actually agricultural but it's been more than two decades a House has been built off from last 20-25 years.
Our land is situated on the National Highway.
prabhakar singh
(Expert) 15 April 2012
YOUR MOTHER BEING DIVORCEE CAN NOT INHERIT PROPERTIES BELONGING TO YOUR FATHER BUT SHE CAN CHARGED THOSE BY A SUIT FOR MAINTENANCE WHERE ARREARS OF MAINTENANCE CAN BE AWARDED EVEN FOR PAST THREE YEARS.
Sumit Kumar
(Querist) 15 April 2012
So in this situation,Can our Grandmother Disinherit us?
prabhakar singh
(Expert) 15 April 2012
BEGIN WITH MOTHER'S RIGHT WHERE LAW IS FAVORABLE AND THING SHALL COME IN YOUR COMMAND AND IN DUE COURSE IT WOULD BE POSSIBLE TO TAKE CHARGE OF THOSE NUTS ALSO,BY COMPLAINING TO HIGHER OFFICIALS. TRY TO COME NEAR SOME POLITICAL AND SOCIAL ACTIVISTS.
IF YOUR FATHER STARTS FAVORING YOU ALL THEN OUT RIGHT YOUR DOMINANCE CAN GO UP WITHOUT ANY OTHER HELP.
Sumit Kumar
(Querist) 15 April 2012
But My father is Psychaitic Patient ...So In this case...?
prabhakar singh
(Expert) 15 April 2012
SO YOUR GRAND FATHER LEFT BEHIND TWO SONS TWO DAUGHTERS AND A WIDOW MAKING A TOTAL OF FIVE HEIRS THAT MEANS 1/5 EACH SO IN YOUR FATHERS SHARE OF 1/5 YOU TWO HAVE 1/15 EACH LEAVING 1/15 FOR YOUR FATHER WHICH WOULD COME TO YOU TWO ONLY AFTER HIS DEATH BUT 1/15 EACH OF YOU OWN JUST NOW.
SINCE YOUR GRAND MOTHER OWNS A SHARE OF 1/5,SHE CAN DO ANY THING OF HER THIS SHARE.
prabhakar singh
(Expert) 15 April 2012
But My father is Psychaitic Patient ...So In this case...?
PROVING THIS FACT YOU CAN SEEK APPOINTMENT GUARDIAN OF HIS PERSON AND PROPERTY BY MOVING APPLICATION IN TH DISTRICT JUDGE COURT.
Sumit Kumar
(Querist) 15 April 2012
Grandmother has her own share , so she can't do anything on our father's share, hence she can't dis inherit us, right sir?
Shonee Kapoor
(Expert) 15 April 2012
I agree with Ld. Prabhakar Singh Ji.
No one can disinherit you from ancestral property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sumit Kumar
(Querist) 15 April 2012
That means Our roots are strong in our father's share and since No one can move us and by proving this fact that he is Psychaitric patient by an application to the Magistrated for being a Guardian to take care of him and his property being his sons, that would be in our favour, right sir?
Sumit Kumar
(Querist) 15 April 2012
Thank you for all your support and suggestions and ...I especially would like to thank of Ld.Prabhakar singh Ji.
Regards,
You all are really Humanity Saviour.
Shonee Kapoor
(Expert) 15 April 2012
Yes you are right.
And indeed Ld. Prabhakar Singh ji is a saviour of humanity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 April 2012
Grandmother has her own share , so she can't do anything on our father's share, hence she can't dis inherit us, right sir?
YES! THAT IS RIGHT
prabhakar singh
(Expert) 15 April 2012
CONGRATS DEAR SONEE KAPOOR .I JUST SAW YOU MARKED FEATURED.I AM SO HAPPY.
AND THANK YOU TOO MUCH FOR SUCH A BIG COMPLEMENT WHICH I REALLY DO NOT DESERVE SO MUCH AS YOU HAVE ESTIMATED.
Raj Kumar Makkad
(Expert) 15 April 2012
I am happy to see all senior experts like prabhakar singh, like Barman, like Shah, like tom all again active on LCI.
welcome old team. Old is gold.
Sumit Kumar
(Querist) 15 April 2012
I want to thank each one of you, You have expressed your Views and made some valuable suggestions. I am glad that I was considered with my issues, and Really so Nice of you all.
Thank you, I have no words to thank you all even, Now, I am feeling more confident and brave.
Soon, I am going to take strict actions against everybody who is trying to rule and dominate us.
Thank you for your Consideration.
Regards,
Sumit Dabgotra
