• I want to file a case on my father

since from my birth i stays with my uncle (my mother's brother) after my mother death my dad had done second marriage. all my education and day to day expenses is taken by my uncle. my father has not even looked to me since my moms death now im 24yrs old and bcom graduate. i also want to study further but my father is not helping me financially and not even he is interested to give me a property i just want one house for me from my father but he is regretting.
plz i need your help
Asked 10 years ago in Property Law

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6 Answers

1. Since you have attained the age of 18 years, you can not legally ask for maintenance from your father anymore.

2. However you can legally enforce your right of share in the property if the same is of ancestral nature for which you can file a suit for partition.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1) you have not mentioned whether it is your father self acquired property or ancestral property .

2) you have no right on your father self acquired property

Ajay Sethi
Advocate, Mumbai
94719 Answers
7531 Consultations

5.0 on 5.0

Legally speaking, when a son has attained the age of majority, a father need not look after his son. However if the property is ancestral, then you will have a right to have a share in the property. If the property is your father's self acquired property, then he is at liberty to dispose off the property as he likes.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Minors have right to maintenance not major.If property is ancestral, you may seek your share otherwise not.

S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. Since you have attained the age of majority your father is under no legal obligation to provide financial support to you. It, therefore, follows that you cannot sue him for maintenance.

2. If the property is ancestral in character then you can enforce and cull out your share therein by filing a case for partition. On the contrary, if it is your father's self acquired property then you have no right therein.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Since, you are no more a minor, you can not claim any amount for your maintenance from your father,

2. If the properties of your father have been purchased by your father from his earnings, then you can lay no claim on his said properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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