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suryaprakash (svd)     23 January 2013

Can step mother claim property as well as maitenence?

1.Can a step mother claim her share of the property as well as the monthly maintenance?

2. If she had been collecting all the income from the property from everyone's ahare so far and now starts claiming for property and maintatence, can I clai to payback all the income that is she had so far from others share?



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 5 Replies

Tajobsindia (Senior Partner )     23 January 2013

  

Originally posted by : avanishp123

 

1. Can a step mother claim her share of the property as well as the monthly maintenance?
Take:
The straight forward reply is yes. YES reason being a childless step-mother may claim maint. from her step-son provided she is widow or her husband if living is also incapable of supporting and maintaining her. Ref. Kirtikant D. Vadodaria Vs. State of Gujarat and another [1996(4) SCC 479]. Justification being today you put three questions in the forum. In other two questions I politely suggested you to read past replies / discussions in the forum. You became impatient and yet again ask same question in simplistic way without disclosing here that the property has been gift deed to you by your father and your father is no more. These besides minor pointers I said yes due to yet another reason in this third question of the day from same queriest, that is under "The Maintenance and Welfare of Parents and. Senior Citizens Act, 2007" she can also ask "maintenance" as well as right to stay at "property" from step children or even from relative of her husband and so far as gift deed property share is concerned if in gift deed your father mentioned in 'good consideration of keeping wellbeing of step mother I am gift deed this property to you" then why not she can jolly well get the gift deed interpreted to her liking by a smart lawyer. Now this Act which I mentioned here is a very simple Act and if my memory serves me right then today or yesterday I discussed here in this very forum this Act and placed PDF files of the Act along with Rules for a Delhi based queriest query. So I once again request you to study some posts on daily basis to build up simple knowledge in Law as afterall you are facing these questions not me. You may take my straight forward reply in whichever mood it may please you but sometimes too much spoon feeding in free interactive forums is also not right way for litigants own good is my alternate view..

2. If she had been collecting all the income from the property from everyone's ahare so far and now starts claiming for property and maintatence, can I clai to payback all the income that is she had so far from others share?
Take: If there is a mutual understanding that after the gift deed property and expiry of your father she can stay at the property on good note as well as you gave her authority to collect income from rental of the property without putting on paper the mode of its distribution then same goes into hands of step mother and now you have to run to get its share and then distribute to heirs or other relatives. Now I donot understand what you mean by "can I claim to payback....."? If you mean you want to act now as some sort of Samaritan then jolly well pay back from your own pocket ! Also this quoted text need re-phrasing to get meaningful reply but before that do read past few messages on daily basis which is a simple request.

 

 

 

suryaprakash (svd)     23 January 2013

Tajobsindia - I do appreaciate your response to my other questions, but do not see wehere you suggested me to read the other postings. I very well know that this a free forum and do not expect to take it and go by it  to fight a case in the court of law. I do not expect the spoon feeding also. There are multiple properties involved here and so there are mutiple questions. These postings are not related to each other.

I am trying to gain some knowledge in this area, if you do not feel comfortable in answering the postings, please do not. This is a open forum and there is no such binding from anyone on either side..

Tajobsindia (Senior Partner )     23 January 2013

Originally posted by : avanishp123
  XXX
There are multiple properties involved here and so there are mutiple questions. These postings are not related to each other.
 
 

 

1. Agreed.
2.
From my end you will never ever receive a reply to your query, I respect a queriest wishes. BUT, do tell forum where in your below three messages you have used word(s) “several properties OR properties”? However I donot doubt multiple properties may be involved in a query but unless one specifies in any or all three queries how a replier is supposed to guess !


This is your 1st. que.:

“My father married for the second time againt our wishes. We aere all above 18 then. He passed away 15 years ago.

1. As a good will  we allowed the second-wife to stay in the property, also she denied to come with us and live with us.The property was transferred in my name thru gift deeds.

She collected all the income from the property which was supposed to be shared by all of us (4 children).

For the last few years we found out that a lot of people have filed complaint against her in the local police station for cheating - taking money from them and not returning, running a prostitution ring in the property that i own. I offred her some money to move out and have her life as she likes it. She agreed intially an pulled us for several months on relocating. Now she comes back  and says she wants the part of the property. The property was not even in the name of my father when I acquired it. It was at his mother (my paternal grandmothers name). The second wife has no children from the marriage.

2. Since she has collected all the monies and had taken all the share all thses years I am asking her to give all our shares from the income. If she does that I will  give the share in the property. Is this the correct and legal?

3. I offered her to pay the maitatence in a rental house and she has denied it because she wants to live in a expensive area ina big city, instead of living in the small toen where she married my dad. Can she take us for ride like this?

4. How and what grounds, I can completely get rid of her responsibilities because of the nuisanse act my father commited agaist our wishes?”


This is your 2n. que.:

1. Can my father re-marry when i am an adault and when i am supporting him even after my refusal?

2. After his death would  the law pass on the maintenence on his second wife to me?

3. If the second-wife turns to criminal activity (when i am supporting her) should I still continue to support her?

 

 

And this was your 3rd. que. of the day:-

“1.Can a step mother claim her share of the property as well as the monthly maintenance?

2. If she had been collecting all the income from the property from everyone's ahare so far and now starts claiming for property and maintatence, can I clai to payback all the income that is she had so far from others share?”

suryaprakash (svd)     23 January 2013

Tajobsindia - I guess  the problem here is that you are trying to combine all my positing into one and coming up with some self assumptions. the details are in each questions:

Each questions addresed one property so it is "property" not "properties"

The sentence you copied and pasted was in  reply to your answer - which assumed multiple postings as one and hence the plural "multiple properties". If I had addressed all the properties in one posting i would have used this plural... as i did not ... I addressed them as singulars

thx

bhagwan (owner)     23 January 2013

Avanishp123,  pls note i am not lawyer., but once i read article that check whether step mother is divorecee whehter she is having legal divorece frm any court.These are my personal views that  keep good advocate.Thanks


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