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Pallavi Patil   18 August 2017

need help

I m student..before 2 months my mother died because of illness. now my father is doing Second marriage. he was not good with my mother and with us too.he is not supporting us financially and not ready to give us our property rights. plzz help


Learning

 31 Replies

Kumar Doab (FIN)     18 August 2017

It is beleived you are all Hindu.

What is your age, gender?

What are you doing; say studying, working, working and earning while studying?

What is your income?

What is your marital status?

 

Kumar Doab (FIN)     18 August 2017

 

Who is owner of property; Mother or father?

 

Did mother have any property/estate/jewellery/bank a/ccounts/LIC etcetc in her name?

The property of father is self acquired/earned/HUF/Joint/ancestral?

What is the nature of property ;Urban, Rural, agricultural?

 

 

 

Pallavi Patil   18 August 2017

I m Hindu.23 yrs old female. college student not working and unmarried. my father is the owner of property. my mother don't have any property or account. she was totally depend on my father financially.don't have any LiIC in her name. the property of father is earned and some ancestral too.the property is urban and agricultural.

Pallavi Patil   18 August 2017

my father tortured my mother mentally and physically when she was alive.never treated her good.he did physical violence with her since our childhood. and now treating us the same way.if he get married again.he will leave us and we will be support less.

Kumar Doab (FIN)     18 August 2017

Dear LCI Querist @ Ms. Pallavi Patil

 

Ancestral Property:

Property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.……………..i.e. 4 generations old.  

 

Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.

 

Reassure yourself if the said property is of ancestral nature.

Kumar Doab (FIN)     18 August 2017

The agricultural land is in which state?

How many other brothers and sisters you have?

What are they doing and what is their age?

What is line of business of your father; business, service?

If service then is it private or government?

It is joint family/father staying together in joint family; If yes who is head of family?

 

Are your Grandparents; Maternal, Paternal alive?

Are elders of the family supportive from Maternal, Paternal ?

What are they doing?

Kumar Doab (FIN)     18 August 2017

Your father ( Hindu) is liable to maintain his minor sons, unmarried daughters........

Kumar Doab (FIN)     18 August 2017

Go thru:

Central Government Act

Section 20 in The Hindu Adoptions and Maintenance Act, 1956

20. Maintenance of children and aged parents.—

(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.—In this section “parent” includes a childless step-mother.

https://indiankanoon.org/doc/17630/

Kumar Doab (FIN)     18 August 2017

Also:

3. Definitions;

(b) "maintenance" includes-

(i) in all cases, provision for food, clothing, residence, education and medical

attendance and treatment;

(ii) in the case of an unmarried daughter also the reasonable expenses of and

incident to her marriage;

(c) "minor" means a person who has not completed his or her age of eighteen

years.

23. Amount of maintenance-

25. Amount of maintenance may be altered on change of circumstances-T

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

Kumar Doab (FIN)     18 August 2017

Also:

 

 

Central Government Act

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

 

https://indiankanoon.org/doc/1056396/

 

Kumar Doab (FIN)     18 August 2017

 

Check with Free Legal Aid in nearest courts complex or at e-courts website;

 

e.g;

LEGAL AID

 

DISTRICT LEGAL SERVICES AUTHORITY, 

As per Section 12 of Legal Services Authorities Act, "Every person who has to file or defend a case, shall be entitled to Legal Service under this Act if that person is:

 

3.  A woman or child;

https://ecourts.gov.in/ludhiana/free-legal-aid-0

Kumar Doab (FIN)     18 August 2017

Pursuasion and even social pressure may or may not deter your father from remarrying.

Any sensible woman or father may not like to marry  herself/daughter to an ABUSER, boozer, wife beater.................

So in case the next woman/family know about ABUSER, boozer, wife beater.................in advance they mat rethink and even may decline to marry...............

 

Otherwise since his 1st wife has deceased, he can legally marry.

 

 

Pallavi Patil   18 August 2017

sir,
I have younger sister 21 yrs.old and brother he is just 10 yrs.old.my maternal grandmother is there.but my relatives are not that much supportive.my father is government servant in western coalfield limited. it's a nuclear family.my father is the only head. the agricultural land is in Maharashtra.it's acquired by my great grandfather.my father is not supporting us financially for medical and educational purposes. and torturing us mentally by using abusive language against me and my mother.and raise hand on me something.. as a elder sister it's my responsibility to secure my younger brothers and sisters future...is there any way to transfer his property to us before he get married.

Siddharth Srivastava (Advocate)     18 August 2017

You are only entitled for maintenance till you get married or get suitable employment able to maintain yourself and also your marriage expenses.

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