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love (MIS EXECUTIVE)     04 June 2014

Rcr filed by husband

My Father has filed an RCR against my mother but it was my father who has thrown my mom out of the house. Now 18 months has passed my mom, me and my sister is living separately on rent basis. My father is an alcoholic person and is habitual of beating my mom. He is under the influence of his younger brother. However My father is a cancer patient. My mom treated him for around 5 months and completed his treatment. but my father has not stopped drinking and when my mom asked him to stop drinking he beat my mom and thrown my mom, me and my sister out of the house. In RCR my father mentioned that his business has closed due to cancer but my father and his brother (my chacha) are still running  a cloth shop from last 20 years. I do not know on whose name the business is?.  Now please provide clarity on below points. 

1. How to prove that my father is till running the business.

2. Will my mom receive any maintainence if all business is on the name of my chacha. 

2. What steps should my mom take in response of RCR.

4. What benefits can my father get from his disease?

Now the house is on my grandfather's name and he has recently died without leaving a will. Now as my father does not want to give any share to me. Instead of this he wants to transfer his share to his younger brother. My grandfather has six children 3 sons and 3 daughters and one wife. Now after death of grandfather my father will receive seventh share.

Can i stop him from transferring his share to his younger brother. Can i ask for my share.        



Learning

 7 Replies

harrassedhusband (manager)     04 June 2014

Please forgive me if i sound blunt. its a personal advice.

Rather than just blaming your father, have you ever thought of counselling him ?

Try to find out what makes him tensed and drunkard ?

How is his behaviour when he is not drunk ?

Have you ever tried to solve the matter with love and affection ?  

No father howsoever drunkard can discard his daughters for his brother. 

There is some misunderstanding in your won mind. may he just suffers only lack of patience.

Which is to be treated but you are going in opposite direction because of your ego. 

Please Take your father for counselling and put your efforts to unite the family rather than to break it.

I my self being a father miss my daughter a lot..but...helpless.. why..because of high ego of my wife..

same could be with you...leave your ego and try to rebuild the relation.

Any counselling help required many gentlemen are here.

Pradeep (None)     04 June 2014

What steps you have taken to stop your father from drinking and beating?

As suggested by "harassedhusband" you need to first evaluate the Counselling option and see if the situation can be improved. 

Care during Cancer:  What cancer is your father suffered from? Is it curable / non curable?. It could also be one of the reason that's bothering your father and hence drinking habit. So you need to take good care of him, console him and get him good treatment. 

Caring each other is a part of life and you cannot emphasize the same for monetary benefit which casts shadow on your objectives be it genuine / malafide.

Your message is more towards the property and the maintenance. I didn't understand the logic: Why you want steal what he has when he is already suffering from Cancer. 

What are you referring by your question: 4. What benefits can my father get from his disease?

Adv. Chandrasekhar (Advocate)     04 June 2014

Your mother has to contest RCR case on merits.

Your mother and you both sisters can file maintenance case under Section 125 Cr.P.C., If your mother and you sisters are in employment, you are not entitled to maintenance.

For stopping him to transfer his share to anyone else deprive you the right of property, you can file Domestic violence case and in that can seek injunction against alienation of that property.  In this case itself, you can ask for residential rights or reimbursement of rent you are paying right now.   

Gautam Kapoor (IT professional Studying Law)     04 June 2014

I think your father has done his homework well and you will not stand to get anything

ANAMIKA VICHARE (LAWYER)     05 June 2014

Aapki Story Muze Hajam Nahi Ho Rahi Hai, 

There is no logic in your story, intensions are something else

NGOKC (pm)     05 June 2014

for purpose of property,

1) since your grandfather died without a will , you your mother and sister have a equal right in all property left by him and you can put in a legal case for injunction against alienation of your right

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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