Kamal Sharma (Manager) 24 October 2012

Parental property

Respected Advocates,
I am AJ and I need Legal help and need a direction to start here. My Dad lost his property in paying for my education and sold everything as we were in lot financial trouble.. So, I don't have anything left from my dad' side. So, now I am unemployed and my dad had recently heart-Attack so he is out of job too and I have a sister who is also studying.So, we are in financial trouble. But, my mom's dad had a big property and my mom was legally eligible for the 8th part in it as she have 5 sisters (including herself) and 2 brothers. (We are Hindu and Hindu acts applies on us).

So, we approached her and asked her to demand for her share as we have nothing else and lives in a rented house. So, she agreed as her Brothers and dad always kept distance from us as we were poor and they never visit us and never took care of their sister (our mom). Even when my dad was dying they didn't even showed up in the hospital to visit or support us in any manner.

But, when she sent the notice of partiton then her sisters and brother called on phone and threatened her of social boycott and everything. This violent behavior and fear of social boycott filled her mind with fear and she was very tensed for a few days and suddenly one day she just left us and started to live with her parents and brothers. Now, they have filled her mind with fear of social boycott and now she refused to return or ask for her legal share of property from her father. And, in the mean time her father transferred the whole property at the names of his both sons only. Whereas the Legal Notice we sent to him in the past totally mentioned that he can't alinate or transfer the property to anybody.

So, my question is that can we (me and my sister) ask for her property of share from my mother ? The property is purily Ancestoral and not earned by her father in his life time.

Finally, in short the situation is like this:

1) The property was at the name of my mom's father but then he tranferred to his sons only (after legal notice sent to him not to do so)

2) My Mom neither have the property nor she want to claim it as she fears social boycott

3) We (my sister and me) want the property as we both have nothing else at our names and we have a long career ahead and my father is heart patient and unemployed who already invested everything he had in our education.

So, my concern is only this that we are both child of both parents and whatever my father had he invested on us but my mom don't want to claim her share from parental property and nor want to give it to us. So, is this only father's responsibility to take care of children and not mother's responsibility at all?

Please guide us to the best of your knowledge.

Thanking You,

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3 Replies

MohammedRaffiq Bijapur (Advocate) 24 October 2012

As a matterof right u cannot sue ur maternal grand father asking for share of ur mother. It is ur mother alone can file suit.

I suggest u to take GPA from ur mother and file suit.

Kamal Sharma (Manager) 24 October 2012

Respected Mohammed Raffiq Sir,
I can fully understand and it is the obvious thing that I can not sue my mom's dad directly. But, the main problem is that my mother is running away from her responsibilities and is not living with us and completely deserted us with our dad who is a heart patient and unemployed person. And she is denying to take her parental property from her father so that we won't take it from her.

So, can we sue our monther for the property of her father ???

As matter of fact kids are responsibility of both the parents and our dad also took property from his father and sold everything for our education but after his heart-attack and incapability to lead us it was then turn of our mother to take care of us as she is equally responsible for us and is the second parent. But, now she is running from the responsibility and left us to just face all problems on our own. So, my only concern is that is there any law that we can force her to do her duty as a parent as she is totally running from it and did nothign for us.

So, how can one parent do all his responsibility and one parent run away from it while in our country men and women are equal ?

So, please let me know if there is anything about this in the law.

Thank You for your help,