Maintenace u/s cr p c 125 - i am filing petition against my son

S P Goel (Querist) 22 April 2012 This query is : Resolved
Respected sir,
I, S P Goel, 57 years, not earning and working from last 3.5 years, wish to file petition against my son 31 who is earning Rs 2 lacs p m, not married, living with his mother, who lodged a Domestic Violence case on me and is going to claim Interim Maintenance from me thru court. Younger son 26 is student.

Sir, I request , pls give your opinion that if court order my son to give me maintenance , then after my death, my property will go him only or my wife or my son or as per my registered will.House is in my name, they all 3 are living separately sir

Pls help me sir
Thanks and best regards
S P Goel
Delhi 9810101999
spgoel118@yahoo.com

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Devajyoti Barman (Expert) 22 April 2012
If you have no source of income you can file case u/s 125 crpc to claim maintenance from your son.

However the court may consider this to be an attempt to avoid burden of your wife which she tried to enforce through the court of law vide the case under PWDV Act.

If the property of yours is self acquired one then it would be inherited by your legal heirs.
Otherwise you are free to give it to any person you choose.

Raj Kumar Makkad (Expert) 22 April 2012
You have already been replied by way of PM. Refer to my same reply.

Shonee Kapoor (Expert) 22 April 2012
Repeated query.

125 is maintainable.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 23 April 2012
Besides section 125 Cr.P.C.,you can also file it under sections 4 and 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.