rohini (student) 05 May 2010

Maintaince case time

We have file a maintenance case against my brother, who threw us to road literalally and was troubling us a lot, thus not letting us to live a peaceful life. He has also troubled us in our ancestral property case, by signing a document that he is earning quite well and does not require any share from the property, thus we have lost our share and still fighting for the property. We have file the Maintenance suit in the year 2002, and our lawyer says, arrest warrant was issued against him since he did not appear in the court, and asked us to get his address, which was given. for 3 years Lawyer did not give the us the details properly and now after he changed the address, the lawyer asked us for his whereabouts again. now my brother is compelling us to give share in the property, (he is not directly coming, but sending persons who are coming to our house and sell the property), he has not spent a single paise towards the house, whether its tax payment, or repair charges for the house. we would like to know for how many years the maintenance case runs in the court?

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rohini (student) 05 May 2010

Dear Mr Prabhakar,

Thanks for your advice. The property which my borther is demanding, is self aquired property by my father, and the Khatha got transfered in my mothers name, after my fathers death. more over, my brother has already given letter to the court in ancestral property case that he does not require any share in it, as he is already earning quite well. this has been recorded in the court already. and i dont know why my lawyer was silent for 3 years, when the address was given. Now my brother knows he cannot do anything legally, so he is sending few people to the house, asking us to sell it. how can i avoid this?

(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MAINTAINENCE AND PROPERTY KINDLY NOTE THAT.

1.OLD PARENTS CAN CLAIM MAINTAINENCE FROM YOUR BROTHER AS PER PROVISIONS OF LAW.

2.ONCE JUDGEMENT IS PASSED ,PARENTS HAVE TO FILE APPLICATION IN THE COURT FOR RECOVERY OF MAINTAINENCE AMOUNT GRANTED BY THE COURTY .IN CASE THE BROTHER IS REMAINING ABSENT AND SUMMONS ARE RETURNED UNSERVED, OR DELIBERATELY AVOIDING SERVICE OF SUMMONS THEN PARENTS MAY APPLY FOR SERVICE OF SUMMONS THROUGH DIST SUPDT OF POLICE FOR SERVICE ON YOUR BROTHER.YOUR PURPOSE WILL BE SERVED.

3.ABOUT PROPERTY SHARE KINDLY NOTE THAT IN ANCESTRAL PROPERTY ALL OF YOU HAVE SHARE IN THE PROPERTY..

4BUT IN SELF ACQUIRED PROPERTY OF YOUR BROTHER IT DEPENDES ON YOU TO PROVE THAT YOUR BROTHER ACQUIRED SAID PROPERTY FROM THE INCOME OF ANCESTRAL PROPERTY AND TAKE APPROPRIATE STAND.

5.YOU HAVE POSSESSION OF PROPERTY HENCE DO NOT LEAVE POSSESSION OF SAID PROPERTY AND ALSO APPLY TO THE COURT FOR GETING TEMPORARY INTERIUM INJUNCTION AND ALSO PERMANENT INJUNCTION AGAINST YOUR BROTHER AND FOR STAY OR SALE TRANSFER.ASSIGN OR LEIN OF SAID PROPERTY OR CREATING ANY SORT OF INTEREST IN THE SAID PROPERTY.

6YOU WILL SUCCEED.

YOU MAY WRITE OR CALL FOR ANY URGENT HELP .MAY GOD BLESS YOU ALL.

WITH BEST REGARDS TO ALL.

THANKS.