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.

 
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Advocate

Dear Sir

No it is not possible at all

with regards

I.S.Roy, Advocate

 
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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 ???

 
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Advocate

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.

 
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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

 
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Advocate

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.

 
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civil practice

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

 
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