Violation of rights of legal heir
Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
Dear Professionals,
I am asking this question on my mom's behlf.The fact is my dad was never good with me ( daughter ) as well as my brother & mom.Our upbringing was also managed by mom as she was earning,my dad was never worried about us & also he is not a home sick person.He always keeps on spending money on outsiders & not bothered about our future.Now bcoz of this my mom feels insecure about accomplishment of our right as a legal heir.Can he violate our right & lend his property to anybody?What steps can we take if he does so?
R.Ramachandran
(Expert) 10 August 2011
If your DAD has any property and if that property is his self-earned property, then he can do whatever that he likes to do with it and no one else (including his wife and children) can question him.
However, if the property is ancestral, then the children (both daughters and sons) have right to question him or to seek partition of the property.
M/s. Y-not legal services
(Expert) 11 August 2011
Yes am totally agree with my senior. If you have that worry mean, if you have any ancestral property mean you can file a partition suit against your father. And you didn't state anything about your father's employment. If he earning mean you file a maintenance case also against him know. You have all remedy infavour to you. Then need not to worry.
Querist :
Anonymous
(Querist) 12 August 2011
Dear Professionals,
My mom is worried bcoz the house was taken only when mom & dad got married i.e. post their marriage.Before marriage,dad was not having his own house.After marriage since my mom was earning he managed to buy house which means there half of the money was contributed by mom but mom had faith on him so she didn't object while buying the property merely on my dad's name.Now question here is if my mom has her own contribution in the house then howcome she can't object even thought its not ancestral property,does that mean that my mom did a big mistake by helping my dad financially in buying a house,pls explain.
R.Ramachandran
(Expert) 12 August 2011
In a way, your Mom has committed a big mistake.
However, if the house is under housing loan and your mother is making any EMI payment, then still one can try and retrieve the situation.
Querist :
Anonymous
(Querist) 12 August 2011
Dear Professionals,
Thanks.
R.Ramachandran
(Expert) 12 August 2011
If your mother can prove that it was she who made substantial payments, still one can try and take up the issue by saying that it was only for the sake of convenience and that as a dutiful wife it was agreed that it will be in the name of the husband, but the understanding was wife has a share etc. etc. It is just staking a claim with a hope of some positive outcome in favour of your Mom. (Not as a matter of an invincible legal right).
