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Christin   01 March 2022

Can you fight for justice for a person who is no more?? and claim alimony/ financial pay or my late mother?

Hi all,good evening... 

 I am from Mumbai, I am the eldest daughter of my family and have younger sibling... 

As am not familiar with legal terms the heading of the topic might sound absurd... Also please dont get me wrong ... there is a reason am posting this topic.. 

# I lost my mother when she was 43yrs old in 2006.

# Due to lots of. Financial problems as my dad stopped going to work since 1996

# I from the age of 13started working and my sibiling probably started in his twenties... 

# My dad put us thru lot of financial mess... One such incident 4 yrs we lived without electricity in a proper housing society.. Finally somebody from our church social group came too know and paid the bill.. 

# quite often my mom was admitted in hospital due to tension, humiliation and stress for us kids and our future. She was for months in government hospital and i use to be the person to be, stay with her and also manage the hospital expenses sometimes from my company medical reimbursement or church help.. 

# In a private hospital once she was admited and my father dint have the money to get her discharged... 

# And in yr 2006 when my mom breathed her last that time as well dint have the money for discharge and they would not give the body.. Our school convenant nuns and ppl from our church helped they collect the funds and I got the necessary things done... 

# I Am married now have a baby and in this pandemic me and my husband are going thru financial crisis and need a shelter.. Which I spoke with my side of the family which is my dad and younger sibiling... My brother as he is financially well off is going thru extreme steps of keeping me off the house and also getting lawyers and making my father speak with them and dad is of age and has medical condition clot in the brain and dad too keeps changing statements... 

I am just sad and hurt that if they can go thru lengths as a team (Son and Father) to do these things in the present time . Then why the necessary steps were not taken during my mother struggling period... We as a family would not have lost her... 

 

 

 



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 3 Replies

Dr J C Vashista (Advocate)     02 March 2022

Whatever has happened to your mother / family (during her sickness) may be kept at the back of mind but not primary as observed from your post.

Whether the subject house / property is self acquired of your father / mother or it is ancestral ? 

Did you and your siblings ask for partition / share in the house / property ?

Shashi Dhara   02 March 2022

I mean you belongs to Christian religion so Christian law or Indian succession act applies ,you can inherit only your deceased mother's  asset  movable and immovable property ,and also limitations law applies.

P. Venu (Advocate)     02 March 2022

Yes, you are netitled for a share in the deceased mother's property and if need be, can file a suit for partition. The facts posted suggest no other cause of action,

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