• Maintenance Case thru my Mother

Dear Sir,

My father has been dead on February 2013, he had government employee so mother is getting Rs.22000 as a pension and also get Rs.2100000 of claim amount from department and others, and have a property about Rs.2500000. Afterthat he is file a case of maintenance asainst me.

Kindly suggest me.

Regards,
Mukesh Kumar
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1. She is your mother and this is good scope to repay her debts to some extent.

2.Forget what she is entitled to or not. The asking for money from court must be a warning to you which you could have avoided.

3.ANyway beofre the matter gets nasty though the proceedings in court, settle with her and start giving her money.

4.A mother is reasonable enough if she expects that her son would look after her on death of her husband and such fulfilment of expectation through court of law must her last ditch attempt.

It is wake up call which you must not loose to pick.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Dear Mukesh,

It seems your mother has filed a case under the Parents and Senior Citizen maintenance act ....... If your mother is getting pension and also have the property and the retirement benefits of your father , she wold not get maintenance if pressed well.

Yes you can claim share in father's property - infact after death of your father his properties would have transferred to you , your siblings if any and your mother.

Best of luck

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Your mother can maintain herself as she is getting pension of Rs 22000 per month and also got lump sum amount of Rs 21 lakhs on your father demise

At most court would award her nominal amount as maintenance

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You can go in appeal against court orders of interim maintenance

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Since your father died intestate you have equal share in deceased father movable and immovable assets

You can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

If she is drawing a handsome pension then she can't be entitled for maintenance from her son, especially if her strong economic background has been established bed court.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

This is an interim order only, however you can take up revision before higher court.

Argue the points well.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You have rights to claim your legitimate share in your father's property.

You can file a partition suit against your mother which may bring her to a negotiation table after which you can dictate terms.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer