I Madhavilatha married, would like to know rights of my mother and me my mother ( 63 years old ) staying out side (at Ashram am) because of harassment ( mentally and physically ) by my Father after 47 years of her marriage( they did live together for 47 years) and no property has been registered on her name. My father retired employ ( non pension ) and he has 1. One self owned house with two rented portions and (2). 4 Acres of land worth 1cr (witch was my grand father name,after his death, it was deliberately registered on my only brother ) Kindly tell us legal rights of my mother and me as a daughter
my father owned house during his service ,with the cooperation of my Mather as a Hindu house wife (like servant,, for 47 years) kindly tell me legal reghts
Your mother can file DV case against your father seek right to stay in her matrimonial home , maintenance and seek compensation for mental torture undergone by her
2) if you are not working and are un married you can also seek maintenance from your father
3) you have no share in father property during his lifetime
Your mother has rights to stay in her matrimonial home , can seek protection order , maintenance from her husband as mentioned herein above
she has the right to shelter and maintenance from the husband, she can file Maintenance u/S 125crpc.
An adult unmarried daughter can claim maintenance from her father.
what are the possible legal rights of married daughter on father property and ancestral property
You have no share in father self acquired property during his lifetime
2) on his demise intestate you have equal share in his property
3) you can file suit for partition to claim share in ancestral property
In self acquired property, none have any say. Only after father intestate death, mother along with you will inherit 1/3rd share each.
Grand father property would have inherited in your father. If father gifted the property to son, no one can object it.
Without gift deed if it is registered in your brother`s name than after father`s intestate demise, you along will mother will inherit that land also with same proportion. - If this land is self acquired by grand father and not inherited from his father.
Mother can claim maintenance and separate residence/rent through court.
Hindu wife have all the right to be maintained by his husband during her lifetime and in case ceiling living separately maintenance allowance to support is allowed by the court she do not have any right in the property but in case husband do not pay the maintenance amount as allowed by the court can be realised from the Asset husband and to be paid to the wife.
after the death of the husband along with the children in the property of her husband and the children are liable to maintain her as per the provisions of maintenance of parents and senior citizen act 2005 even if she is holding a property in her name from the legal heirship or by acquiring the property
Married Daughter has right on father if it's ancestral. If it's self acquired then it's fathers wish. If father dies and he has self acquired property then she has equal share
As per Hindu Succession act class I and class II heirs ship list. You are eligible for it.
Dear Madam,
Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act. You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them. Few FAQ's are as follows:
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
Neither child has any right on their father’s self earned property unless the gentleman dies intestate. In that eventuality i.e. intestate death of father, all the first class legal heirs of the deceased have equal right on the property of the deceased.
FIRST CLASS LEGAL HEIRS : Mother, father, wife, son/s, daughter/s, in case the married son has predeceased then son’s widow, in case the son’s widow has predeceased then the grandson/ grand daughter, in case the case married daughter has predeceased then her widower husband, and if bother daughter & son in law have predeceased then the grandson/ grand daughter. For further detail refer to INDIAN SUCCESSION ACT.
- As per law. your father is bound to provide maintenance and shelter to your mother.
- Your mother should file a petition under the provisions of Domestic Voilence Act, for getting maintenance , and right of residence.
- During the life time of your father , she is not having any right over the self acquired property of her husband , except residential right.
- Being the daughter , in the property left by your grand father, you can claim equal share like your brother, even your father registered the same in his name.
- For claiming your right in the ancestrall property , you should firstly send a legal notice , and on refusal , you should file a partition suit before the court.
in self acquired property father can make a will in respect of that property and give the property to anybody either son/s or daughter/s or to anyone.
if it is ancestral daughters do have a right in the ancestral property of her father according to 2005 amendment in the Hindu succession Act.
See mother can claim the right of residence mother has no right though to claim share from property.
She has no rights in the house.
See since father inherited property the nature is not ancestral you cannot claim any right on same in life of father.
As far as the properties on your father's name is concerned, neither you nor your mother can claim any share in it as a right, at least not during his lifetime.
Your mother can file a domestic violence case against your father claiming residence, maintenance and compensation for the violent activities and the tortures he meted out to her.
You being a married woman, you cannot claim maintenance from your father.
Your father's property being his own and absolute property, nobody can claim any share in it as a right, at least not during his lifetime.
Being his legally wedded wife, she has the rights for residence, maintenance, compensation for the cruelties he meted out to her.
She cannot claim rights of title over his properties during his lifetime.
Firstly you should understand that your grandfather's properties are not ancestral property.
Secondly your grandfather's properties were duly partitioned and your father inherited his legitimate share in it.
Subsequent to the said partition your father becomes the absolute owner to the said share o proeprty, hence there is no question of anyone claiming a share in it as a right.
Therefore you should become aware that your cannot claim any share in your father's properties during his lifetime.
If your father dies intestate that means without any will in favour of your brother then you and your mother can claim share in property of your father.
And regarding 4 acres land you can file partition suit against your brother and father.
1. Neither you nor your mother has a share in the property of your father during his lifetime. Your father and brother are at liberty to alienate their properties during their lifetime. ALternatively, they make a will to bequeath their properties.
2. The only right of your mother is the right to claim maintenance and alternate accommodation at her husband's expense.
