• Maintenace for major unmarried daughter

I am Sonia 20 yrs doing BA LLB from Jaipur. We had a small family of four mummy papa me and my elder sister.My father retired from Indian navy in 2001 and joined merchant navy after that.My mother expired in 2010.Father left his job at age of 45. After 1.5 years  in 2012 he remarried to  a 25 years old lady who was a divorcee herself and had a 2 years daughter from her first marriage. My step mother didn't like us at all and taking advantage of my father's drinking habit used to get us beaten up. My father started neglecting us slowly due to her. My sister got married in May 2013. Now I was alone to face everything. I was treated like a maid in my house and my health and studies got deteriorated over time. I completed my 10+2 in 2013.My sister took a bold decision and got me admitted to Jaipur in hostel for this law course.untill today all my fees are paid by my brother in law .Now I am in fourth year and my father don't even know name of my college. My brother in law has also two unmarried sisters and my education and later on marriage is going to have a great financial impact on him.

My teachers and friends have advised me to seek compensation for education and marriage. My father has a monthly pension of 26000 and our Bunglow which is in 600 yards and double storied where he has let iut the upper floor on rent which is in pilani was on name of my deceased mother.He has agricultural income  from VILLAGE LAND.He also owns a plot who he has sold last month in 35 lakhs and purchased a new four wheeler and a bike.

I badly require some guidance on my case . Plz help.
1.Can a case of maintenance be filed and if yes how much .My annual fees is 1.2 lakhs. 
2.Also what about my marriage expenditure and our share(my and my sister's) in house which is in name of my deceased mother.and how we can claim our share.
3. Our share in ancestral agricultural land in VILLAGE.
4. Does my step mother has or will have any share in house or agricultural ancestral land in future after my fathers death.
5. Any family lawyers in Jaipur to contact with.
Asked 8 months ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1) your father is bound to maintain you and pay your college fees

2) your father is also bound to pay your marriage expenses 

3) you and your sister can file suit for partition to claim your share in property standing in name of mother 

4) in addition you and your sister have share in ancestral land 

5) your step mother being legally wedded wife will have share in her husband properties on his demise 

6) you can contact Mr Ashish Davesar Advocate as he is from jaipur 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
you can charged your father's property for your personal expenses like education, food, health and marriage. a unmarried however attained age of majority is legally entitled for maintenance. 

if father refuses to give maintenance court can charge his property like maintenance could be given out of the income arising from rent. 

you should file a complaint under section 125 crpc
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. An unmarried daughter who has attained the age of majority cannot claim maintenance under common criminal code unless she is incapacitated by reason of any physical or mental abnormality or injury". However, she can claim maintenance from her father under the Hindu Adoption and Maintenance Act, 1956, from the property of her father in two cases: (a) When there is joint family property. (b) When the property is his self acquisition.

2. A daughter remains a member of the joint family to which she is born until the event of her marriage. As a corollary thereto, she is entitled to claim maintenance from the share of her father in the joint family property. This is applicable irrespective of the fact whether she has attained majority or not.

3. Maintenance for a daughter includes provisioning for her marriage.

4. If you have ancestral land then you are free to file a suit for partition to cull out your share therein. However, the ancestral character of land has to be proved.

5. Your step mother is now the legally wedded wife of your father, so she will succeed as one of the legal heirs to your father's share in the ancestral property.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You may file maintenace petition in the family court asking your father to provide for your education and he is legally bound to provide till the time you dont get married. If you are not earning then claim for entire amount. 

Has your mother left any will for that property? How did she acquire that property? Has your father given it to her? 

You can claim share on agricultural land since it is ancestral and you, your sisiter and your step sister will have equal rights on the property. 

Yes, after the death of your father your step mother will acquire the house unless your father makes a will not giving her anything. 

She can claim her daughter's rights on that agricultural land. 

Regds, 

Adv. Payal

 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
Dear Querist
My opinion on your queries are as Under:

1.Can a case of maintenance be filed and if yes how much .My annual fees is 1.2 lakhs. 
Opinion: Yes, the maintenance case can be filed u/s 20 of Hindu Adoption and maintenance Act-1956 and 1/3 of his earning can be grant to you along with other expenses.

2.Also what about my marriage expenditure and our share(my and my sister's) in house which is in name of my deceased mother.and how we can claim our share.
Opinion: Yes, you and your sister can claim the share in property which is in the name of your mother. file a partition suit before civil court and claim your share.

3. Our share in ancestral agricultural land in VILLAGE.
Opinion: As above.

4. Does my step mother has or will have any share in house or agricultural ancestral land in future after my fathers death.
Opinion: she is not entitle to get any share from the house which is in your mother's name but she may claim the share in ancestral  property after death of your father.

5. Any family lawyers in Jaipur to contact with.
Opinion: feel free to call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1.Can a case of maintenance be filed and if yes how much .My annual fees is 1.2 lakhs. 

You can claim maintenance from your father.  How much will depend on how much you say his income is and also may not be eligible for education fee to the extent of what you have paid.



2.Also what about my marriage expenditure and our share(my and my sister's) in house which is in name of my deceased mother.and how we can claim our share.

Actually it is the duty o your father to conduct the marriage and bear the expenses.  You and your sister have 1/3rd share in the house which was on your mother's name, you can claim a partition  and a share out of it.




3. Our share in ancestral agricultural land in VILLAGE.

You can claim a share out of that to.



4. Does my step mother has or will have any share in house or agricultural ancestral land in future after my fathers death.

Yes, she can claim a share out of your father's share being his legally wedded wife.




5. Any family lawyers in Jaipur to contact with.

There are plenty of lawyers  available in this forum itself.


T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
1) litigation fees vary 

2) you can file for maintenance in Jaipur if you are residing injaipur 

3) you can get order for maintenance within one year 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Can I file this case in Jaipur family court because I am studying there.
The property no doubt was bought by your father's fund but it was bought on your mother's name, hence that becomes her own and absolute property. Now upon the intestate death of your mother, the property on her name shall devolve equally on all her legal heirs, you being one of the legal heirs to your deceased mother, you are entitled to a legitimate share in the property left behind by her.  You can file a partition suit seeking your share in the property and separate possession. This suit can be filed within the jurisdiction where the property situate.


 


2. What will be the  complete expenditure including lawyers FEE from start to end of the case.

The court fee on suits differs from one state to another.  The lawyer fee may depend on the lawyer whom you are trying to engage.  So, the fee and expenditure cannot be predicted.




3. How much time will it take for final judgment to come. Because only 2 years are left in my course.

The partition suit may run well over 5 years too depending on the prevailing situation and various other factors. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
If the property was registered in your mother's name then on her demise it has devolved through succession on her heirs i.e children and widower. You can file a suit to cull out your share in the court which has jurisdiction over the place where the property is situated.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
The fee can be told only by the specific lawyer whom you inquire it from.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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