Property share for mom and daughter

Dear All,

My father has throwed my mom and sister out of the house. My father has a flat and a empty plot.

I wanted to know whether my mom and sister can file for a partition suit asking for share in the property help by my father.

Dear Sir

No it is not possible at all

with regards

I.S.Roy, Advocate

So it means that my mom and sister can ask only for maintenance from my father and cannot claim any rights on the properties held by him ???

Dear Tejaswi,

Your father has no right to throw your mom and sister out of the house. If your mother files for divorce , only then she may be able to claim property rights on the property.How did your father get this property..? The supreme court has given a judgement some two weeks back, that a divorcee cannot be sent away from matrimonal home.

The property got by my father is self earned. But he has throwed me, my mom and sister out of the house.

So my lawyer has asked us to file a Section 125 crpc and also a property suit case.

So just wanted to know what is the law and whether my mom and sister can claim both i.e mainteance and property share

Dear Tejaswi,

Your mom can file a case under Crpc 125 for maintenance only .If you or your sister are below 18years of age you can be added as a party in this case and seek for enhanced maintenance. Only upon the failure to pay the maintenance amount , you may go for attachement of property.

Domestic violance act can also provide you shelter in that house.