One of my friend is a unmarried lady of the 1st mother. Her father is remarried after the death of 1st wife, hence he is not paying any attention towards my friend. Though my friend is working in a Pvt. Co still her salary is not sufficient to meet her obligations. Therefore she wants to file a petition against her father for maintenance & property partition. Now her father is retired Govt. employee & drawing pension.
1) Father-Retired Govt. Employee-drawing pension
2) Step mother-House wife (1son-Minor)
3) 2 unmarried daughters of 01st wife (Major)
Pls let me know the procedure to get Legal Heir Certificate & Property partition case along with maintenance case. What can be the possibilities of this case.
Ancestral property: daughters and minor son through his next friend his mothher/step mother can claim a share in it by partition. as they are coparcenors in the joint family property.
Plot in the name of the father: It is his self acquired property. He can dispose it off or gift, exchange,mortgage, lease and do all other acts asserting his absolute ownership of the property.None of the family members can claim any right in this properrty as father can do anything with this property being absolute owner. He has full rights.
Deceased mother's property: Her daughters can claim equal share in this property.No need of any lefgal heir certificate as the father i sstill live and kicking. As for daughter's maingnennaxce is concerned she cantry for maintnenaceunder Hindu Adoption andn Maintnenaxe Act or Swction 125 Cr./P.C. Or if she is sufficinetly qualifieed she canget gainful employement somewhere.
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