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Mamta Gupta   10 July 2018

Family issue

sir my english is not v gd so i asked u some questions in hindi plz answer . sir mere ghar me kuch sallo se bahut problm ho rhi he matlab papa or ma k bich humesha ladai hoti rahti he. me abhi study kar rahi hu 12th me hu and 18 years ki hu. kiya me papa se apna haq mang sakti hu qki wo humesha mera padhai churane ki bat krte he. or aise family k batabaran me rahna mushkil ho gya he. wese mujhe or ek question puchna tha mere ma papa ki ldai rokne k liye kiya hum koi case kr skte he jisse unki relationship me koi sudhar aa jaye mar pit kam ho jaye


 5 Replies

Raghav Arora   10 July 2018

Hi! thanks for the question!

First of all, the relation between your parents can only be mended by their understanding and a case for domestic violence or anything else will only make things more difficult for everyone. You can try threatening him of filing a suit of domestic violence, however, it may backfire.

Secondly, if the property is self-made by your father, then it will pass on only on his will. If it is an ancestral property, you can file a claim. Another point is that If the daughter is unmarried, and is not capable to earn herself for the maintaining a life with dignity, she can take a legal action moving a civil court to claim a portion of the property to maintain her life. In such situation, even if the father has made a will giving the property to someone else depriving the daughter, the court shall pass an order to transfer the reasonable portion (specified by the court) in the name of the daughter. However in such cases, proving that you live under dignity is difficult and needs a very good practicing lawyer. All this can be really difficult and hectic for you and it is advisable to part away from such ideas until you are in strong footings.

Good Luck!

TGK REDDI   10 July 2018

Once a daughter or son passes 18, they can't claim any share in the self acquired property of father or mother.     They're supposed to stand in their legs.

There's one paradox, however.

When a man deserts his wife, Court doesn't suppose that the wife should stand on her legs.

TGK REDDI   10 July 2018

I inadvertantly wrote in my previous post,   " ..... stand in their legs.   ...  "

I edited it and pressed Modify.       The software hasn't responded.    This's happening since a few days.

Vikas Tiwari (Advocate)     10 July 2018

बम्बई हाई कोर्ट के एक निर्णय के अनुसार वयस्क अविवाहित पुत्री अपने पिता से रखरखाव का खर्चा मांग सकती है.... पर इस दावे के लिए कुछ परिस्थितियाँ निर्धारित की गई हैं जिसमे तो माता पिता में तलाक हो चूका हो या दोनों अलग रह रहे हों.... आपके मामले में अगर माता पिता अलग अलग रह रहें हो तो आप न्यायालय से रखरखाव का दावा कर सकती हैं....

माता पिता में लड़ाई झगड़ा न हो इसके आपको पुलिस या सम्बन्धित न्यायालय में शरण लेनी पड़ेगी.... पर इससे आपके माता पिता के बीच के सम्बन्ध और खराब ही होंगे इसलिय सोच समझ का फैसला लें.

G.L.N. Prasad (Retired employee.)     10 July 2018

You have already spent 18 years, and if you create more problems, the family atmosphere becomes a hell.  Only in India, children look towards their parents for their needs.  If you are worried about your studies and mother, secure a parttime job, continue your studies in night college, prosper and take more care of your mother.  From this age, do not distract your focus from studies on property issues.  A real man never looks towards other's earnings and always wish to earn the money himself with his hard work.

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