• Suggestion regarding property rights

My parents got divorced 20 yrs back in 1998.My mother has court orders to stay in my father's house separetely after her divorce and is also entitled to receive monthly maintenance fees for her survival. Since the last fifteen years she did not get any monthly maintenance fees though she is staying there after lot of hardship and struggle.My sister is still unmarried. Now, my father and his brothers are trying to evict her out. My question is can my mother claim her right over the house she is staying at present or my sister can claim her right over her father's property?? Can my mother file suit for receiving the arrears of monthly maintenance fees over the past 15 years? Which path should we proceed? Please suggest. Thank you
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Mother has only rights  of residence in said flat 

 

2) she or daughter have no rights over said property 

 

3) she can claim arrears of maintenance for  last 3 years 

 

4) daughter during her father lifetime has no share in his self acquired property 

 

5) on father demise intestate ie without a will she would inherit his property as one of the legal heirs 

Ajay Sethi
Advocate, Mumbai
99854 Answers
8148 Consultations

- Your mother cannot claim any right over the house , but as per law she has residence right.

- Your father or his family members cannot force your mother to evict the said house , without arranging a separate residential accomodation for her.

- Yes, she is entitled to get her arrears , but limited to one year only. Why she wait so long period , if she was not getting the mainteance . Howeve, if she has sufficient reason for dealy, she can get maximum period maintenance as well.

- She should file a maintenance case on the ground of the earlier judgement for getting the arrears.

- Furthert, during the life time , your sister cannot ask for a share in the property of her father, but she can claim her maintenance as well from her father. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Going by the court order, your mother can stay in the house but not claim right over your father's property.

Yes your mother can sue for arrears of maintenance. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. f the house belongs to her husband then your mother has right of residence and by filing a case under PWDV Act she can get protection order of such nature.

2. in the same case she can ask for maintenance at present circumstances and in default of such payments the court can even issue warrant of arrest to implement the order.

3. One can claim arrear maintenance only for the period of last 12 months and not beyond that.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

See the court has given only right of residence and maintenance ownership rights cannot be claimed by your sister or mother.

See can file an application of maintenance and in same can claim arrears of rent also. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Divorce in 1998 along with maintenance allowance and right of residence.

Your sister can  claim maintenance separately from her father if she is unmarried.

Also your mother is entitled to maintenance arrears too. A contempt application should be filed against the husband for not obeying the court orders.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes your mother can file for arrears of he maintenance under domestic violence Act. She can claim residence rights over property. She can have rights for title only if her husband dies intestate. Sister can also claim the right in same way. If the husband is alive and property is self acquired no one can have rights

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

File contempt for not complying court order. Not paying maintainable as per co rut order is a continuing wrong.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

you should ask your Advocate to get application for Execution of the order passed by the Court.

If your father is not paying then your mother advocate should take steps to force your father to pay, he can not avoid the payment of interim maintenance he can not violate or breach the order. 

According to sec 125, she can only demand for maintainence, not more than that. 

father is liable to maintain his major unmarried daughter. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

1. If your father has not been paying maintenance to your mother which he is liable to pay in the light of decree passed by the court then your mother ought to have filed application for execution of the decree of the court.

2. Your mother can file an application to execute the order of the court to recover the arrears.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Your mother can claim arrears of maintenance amount but not for the entire 15 years. She may claim for the past three years.

She can refuse to vacate the house, let him approach court to evict her, whre she can fight against him.

Your sister also can file a maintenance petition against your father, but she cannot claim for the past, she can claim maintenance from the date of her application.

 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

Yes your mother and sister has a right towards the property of your father by virtue of court order she can claim the arrears of maintenance as well can file for partition of their share and your father has no right to evict her as its ordered by the court if he wants so he would have challenged the order of court but now at this point of time limitation has lapsed and he cannot challenge henceforth your mother is entitle to the property according to law!! 

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Dear Madam,

Yes, your mother can file execution petition for arrears of maintenance in family court.

As well as your unmarried sister have every right to file a case for maintenance and residence.

Daughters have rights of residence in parent's houses, as well as right to maintenance, until they are married. In case of divorce, charge for maintenance reverts to her parental family after the iddat period (approximately 3 months). In case she has children capable of supporting her.

According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ask a Lawyer

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