How to get half of my dads property.
Prakash
(Querist) 07 September 2013
This query is : Resolved
Hi,
My dad got me married at the age of 21, I am a hindu, he asked me to have faith in him and now he is asking me to get out of the house, i have a son of 19 months old. Please help me. Where i will go, he has never given me a single rupee to save and he gives me just 1500 to 2000 Rs. every month to live a living as i work in his workshop. he never let me study after passing 10th, just because he was not having enough labors to work in his workshop and till now i am there only and now when he is having enough labors to work he doesn't need me, he is asking me to get out of his house please lawyers help me. I really need help.
Sudhir Kumar, Advocate
(Expert) 07 September 2013
you have something to hide
in 1500-2000 you cannot have a family living unless roti-kapra-makan being provided by your father. You cannot claim more than minimum wages (minus food and shelter being provided by father)
your father has a workshop even a rickshaw puller tries to educate his children provided they have a talent. You have not disclosed how studious you were.
you are just working at his workshop and do not appear to be happy as you call it "his workshop" rather than "our workshop".
But you are not able to find a more lucrative job which could offset wages of a labour.
remember in this country many persons have agricultural land and work as peons in offices as the added income is more than the wages of labour they will hire at farms.
you have not disclosed whether father had ancestral property or self earned.
it is hard to believe that you are being turned away simply because you father has labour now.
You are hiding a lot.
Dr J C Vashista
(Expert) 07 September 2013
Totally vague querry and incomplete information.
Mr. Sudhir Kumar has very well explained, I agree with him.
To add to it you cannot take even an inch of land/property or money during life time of your father, even if it is ancestral and you are one of the coparceners.
Dr. Jyothi Vishwanath
(Expert) 07 September 2013
Agreeing to the experts, it is further added, what prevents you to go out and search job in other places??? After marriage, your husband is responsible for you.
Rajendra K Goyal
(Expert) 07 September 2013
Well advised by the experts, nothing more to add.
Guest
(Expert) 07 September 2013
You can't have even 1% of your dad's property as a matter of right during his life time.
You seem to be hiding some crucial fact, as your query does not seem to have any footing. You must have offended your dad by not doing any job on account of which he would have asked to get out of his house.
Sudhir Kumar, Advocate
(Expert) 07 September 2013
I will agree to Mr Dhingra and would add that even after his death your chances are bleak if you keep annoying him. He can will it to anyone.
ajay sethi
(Expert) 07 September 2013
agree with dhingraji . work hard and build your own house
Prakash
(Querist) 07 September 2013
Listen expert lawyers, my dad want to kill my mom and its the truth and get me out of his house, because he has started his son father relationship with my elder brother who left the house 5 years ago and he is the son of his first wife and now he don't want his current wife's family, i am not able to believe that i found this lawyers club website for a real help and the websites lawyers doesn't believe me. If i would have not been there then my mom had been murdered many days ago and yes he gives me Rs. 1500 - 2000 max after providing ROTI and MAKAN except KAPDA, that kapda i have to buy myself once in a year. You all are blaming me because you all are fathers of my fathers age and you all think differently. NOT every father is same, remember that and its true that, "NO ONE CAN BARE THE WEIGHT OF ANOTHERS BURDEN".
What helpful lawyers website i have got, instead of helping me they are blaming me.
Thanks for all your help/suggestion. It gave me a new thinking of how to think about who is in a problem, a serious problem.
Rajendra K Goyal
(Expert) 07 September 2013
The advise of experts has resulted a bitter pill for you, either to swallow or not. This is fact which you are unable to digest as you hoped reply of your liking which was not given. The same is apparent from your post.
Legally you can get nothing till your father is alive this is very bitter legal truth.
Another bitter legal truth is that even after your father you would get nothing from his self earned property if he desire so.
Expert may advise legal position and may guide and can not advise as per your desire or unethically.
Guest
(Expert) 07 September 2013
Listened you. Now you have an entirely different story that what you wrote in your original query.
To make you entitled to property, don't think that anyone can change law to favour you, as law is made by the Parliament of India, not by us. Even if anyone says that you can get the property of your father, you won't be able to get even a single inch during the life time of your father, even by going through lower court to high court and then finally to the Supreme Court.
Prakash
(Querist) 07 September 2013
Sir PS Dhingra, most of the people on this planet have problems big or small but they have, so i also have and i just asked for the solution for my problem. Instead of answering it, they started blaming me, that made me angry. my problem is very big maybe 3 to 4 pages will take it to actually understand what is happening with me, that's why i just gave a brief of my problem.
But you answered the right way as i wanted, but you answered little rudely. But thats ok.
This is what answering is called.
Thank you very much :)
Prakash
(Querist) 07 September 2013
Expert Jyoti Vishwanath, I am a man not a woman. My name says it clearly.
Guest
(Expert) 07 September 2013
Dear Prakash,
Legal problems can be solved only under the provisions of set law, which does not change according to the personal needs of the individuals, may be in favour or against the wishes of a person.
Law does not support snatching of property from someone and to give to someone else.
suppose you have some property in your name but your wife or brother tries to get that but you are not willing to give, that does not mean that the law would change in favour of your wife or brother because they wanted your property.
If you think my frank opinion to be rude, it is your sweet will to take that in any manner you like, but I have tried to keep you aware of the legal position.
Guest
(Expert) 07 September 2013
Dear Prakash,
Legal problems can be solved only under the provisions of set law, which does not change according to the personal needs of the individuals, may be in favour or against the wishes of a person.
Law does not support snatching of property from someone and to give to someone else.
suppose you have some property in your name but your wife or brother tries to get that but you are not willing to give, that does not mean that the law would change in favour of your wife or brother because they wanted your property.
If you think my frank opinion to be rude, it is your sweet will to take that in any manner you like, but I have tried to keep you aware of the legal position.
V R SHROFF
(Expert) 07 September 2013
Dear Prakash,
File DV thru your mother and attach property, and mtn. + right of residence. Court will pass order in your fvr
on grd that ur father residing with second wife, and also endanger life of ur mother .
who stop u doing it???
Prakash
(Querist) 08 September 2013
Sir V R Shroff, Thanks for your answer, one more thing i forgot to mention that My fathers first wife died many years ago but their son is still there. what to do. and sir can you explain me in detail as i dont understand DV and all as i have never studied law or i dont know anything about it.
And Sir PS Dhingra, thanks for your frank opinion, it sounded rude, thats why i said it. not a big deal. thanks for your answers.
Sudhir Kumar, Advocate
(Expert) 08 September 2013
please reveal if you have any more facts to reveal and then the advise will be complete.
Rajendra K Goyal
(Expert) 08 September 2013
DV stands for domestic violence.
If you try to read your own query, you will feel yourself that you have been much more rude than Dhingra ji.
The experts have opined only what can be gathered from information supplied by you. They have no reason to be rude with you or any body.
If you refer this section of lawyers club of India, you will appreciate that Sh. PS Dhingra ji is known for his through knowledge, precise expression and in his replies each and every word has its meaning. One find himself unable to add or subtract any word from his opinion.
Better learn to accept where you are wrong.
Dr. Jyothi Vishwanath
(Expert) 08 September 2013
In the beginning you hide if you man or woman. You also hide all facts. So got different replies from experts. Now get it sorted...
Dr. Jyothi Vishwanath
(Expert) 08 September 2013
In the beginning you hide if you man or woman. You also hide all facts. So got different replies from experts. Now get it sorted...
malipeddi jaggarao
(Expert) 09 September 2013
You are 21 years, married and have a kid. Your mother has been harrassing by your father and now he asked you to get out of the house. What could understand from the conversations are above two points.
1) Since you are a major and worked in your father's work shop, you should find out some job of similar line elsewhere. Your postings language show that you are educated. Start your own life without depending on your father. Your wife can also support you at least to some extent to earn your livelihood.
2) Regarding your mother's safety, if you really feel threatened of her life, you can take her with you. She can file a case of domestic violence asking for her own maintenance from your father.
3) If your father is having any property you have to see whether it is own self acquired property or inherited ancestral property. If it is self-acquired, you can not do anything. It is for him to decide how to dispose of or to whom to give. If is inherited ancestral you can not do anything during his life time.
Hence looking into above position, I advice you to start living on your own forgetting the episodes. Establish your own family. If your mother wishes to be with you, you can take her out of your father's home.
Until you settle in your life, nothing much can be done apart from the above suggestions.
Rajendra K Goyal
(Expert) 09 September 2013
Agree with the advise of expert malipeddi jaggarao ji. In the given circumstances, best suitable avenue.
Guest
(Expert) 09 September 2013
After seeing the opinions not to his taste, now probably the querist would be repending, why he posted his query here!
Dr. Jyothi Vishwanath
(Expert) 09 September 2013
I totally agree to opinion of Jagga rao jii.
Follow it. You are a man. Survive yourself and protect your mother too.
