• Eligibility for maintenance as unmarried unemployed daughter

I am fighting under Hindu law daughter inheritance rights with my mother and brother over property and company shares/ stock left behind by my father (expired in 2001) without a will for last 3 years now staying in the same house which now is in my mom’s name since last one year. I am 40 years old, single have been a performing artist as a professional who has not been working for last one year and not paid my taxes for this year yet. I used to get money irregularly of different amounts when asked from them till last 3 years when I vocally asked for my 1/3rd share in all property. After that they stopped giving me a penny.

•	Am I eligible to get any kind of maintenance/lifestyle charges from my younger brother (36 years old married businessman) who is now the karta of the HUF of our family with 3 members? 
•	How much would it be and how long can I get it and  can I demand this without getting into court at the moment? 
•	 What proof will I need to claim this from them in court or outside?
•	Is hiding a will when asked several times an lawful offense given I have a right as a daughter?
*       Can I vocally ask the money via email or go through a lawyer?
Asked 7 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) since your father died intestate on his demis you have one third share in property

2) file suit for partition and  seek injunction restraining mother and brother from creating nay third party rights in respect of deceased father properties 

3) before filing suit contact a local lawyer and issue legal notice to claim your share in property 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
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•	Am I eligible to get any kind of maintenance/lifestyle charges from my younger brother (36 years old married businessman) who is now the karta of the HUF of our family with 3 members? 

It is the responsibility of the klart to maintain and take care of the members of the HUF because the entire property of HUF is under his custody and maintenance.  If he fails to do so as a Karta, you may seek partition of the property and take separate possession of your dues or shares in it.





•	How much would it be and how long can I get it and  can I demand this without getting into court at the moment? 

You cannot get the relief without approaching a court of law because he may be adamant hence you have sought an opinion from this forum. 




•	 What proof will I need to claim this from them in court or outside?

The proof to prove that you are the daughter of the family will be sufficient to prove your claim



•	Is hiding a will when asked several times an lawful offense given I have a right as a daughter?

As an unmarried daughter of the family you have full rights to claim your legitimate share in the property 


*       Can I vocally ask the money via email or go through a lawyer?

You can send a legal notice demanding your claim.
A
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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Hi 
1) You are eligible to get a share of property under Hindu inheritance laws. 
2) We also have Lok adalat/ Mediation centers situated in district courts. These are courts per se and the orders of Lok Adalat/Mediation centers are equivalent to that of civil courts. the advantage of Lok Adalat/Mediation courts is that strict rules are not followed as inheritance are family matters and in the interest of the family, these are better settled by the family members within themselves (in absence of lawyers) but under the supervision of court. 
3) However the courts will strictly interfere when one or two family members are not supportive of the mediation process or the person.
4) The Lok adalat/ Mediation courts will then  pass decree/orders based on the compromise arrived at amongst family members. 
5) Moreover the proceedings under lok adalat are cheaper and faster and once family members have compromised, then the orders cannot be appealed in higher courts. 
6) You can claim maintenance out of your share in properties from your Karta of the HUF depending on the life style, but normally to claim maintenance, you need to approach the civil courts. 
7) If there is a WILL, the Will needs to be accepted by all of the family members or the WILL needs to be probated in the court of Law. If the will is not accepted by all of the family members nor it is probated, then the WILL is of no use at all. Since your father expired in 2001 , it is high time either the WILL is probated or accepted and properties partitioned in accordance to the Will. In your case it is more than 15 years since your father has expired and in all circumstances the WILL cannot be probated due to difficulties such as 
a) the  witnesses who attested their signatures might have moved to other locations or 
b) might not be even alive now.
8) Given that much time has elapsed since the demise of your father, i think you should now make up your mind and plan to seek partition either through lok adalat or Mediation centers or through the civil court.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1.  HUF means undivided family for which no individual claiming to be part of the said undivided family can claim maintenance from a member of the same HUF separately for himself/herself,

2. Moreover, you being a profession being capable of earning and maintaining yourself is not entitled to any amount from your brother for your maintenance,

3. You need to prove that yours is a HUF and that you are not getting your share from the earning of the HUF properties,

4. Since you are unmarried, you have to right to stay in your demised father's property for your lifetime till you die or marry,

5. If you are in a recorded HUF and the said HUF is maintained from the income derived fro the properties of the HUF, then you can claim your share from the said income. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. Having attained the age of majority a daughter ceases to have the right to seek maintenance from her parents or siblings except if she is physically or mentally handicapped.

2. Hiding a will is not an offence, to alienate a property despite exclusion of right is.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) third party rights mean not to sell , transfer property 

2) karta is the manager of the property . He is the custodian or guardian of the property 

3) you  can file suit for partition 

4) daughter has share in mother property 

5) you can file for probate of the will even after 15 years 

6) you have right to stay in your deceased father home . Even if it is transferred in your mother name you can claim right to stay in said house as you ate one of legal heirs of your father and you have not relinquished your  share in flat 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. What does creating any third party rights in respect of deceased father properties mean?

You do not have to create third party rights when you have rights on your own, however in the maintenance case, you may create a charge over the property so that the karta does not alienate the same .






2. What does it is the responsibility of the KARTA to maintain and take care of the members of the HUF because the entire property of HUF is under his custody and maintenance mean or entail?  As of today the KARTA is just taking care of property and not the people if he has to do anything for them what is he expected to do?

You have to ask the account details of the income derived from the HUF property and ask for your share in the profits or ask him to give amount for your maintenance as he is bond to do it, failing which you can approach court with an application for maintenance on the same basis. 






3. I need clarity if I can actually claim maintenance out of my share in properties from your Karta of the HUF depending on the life style in spite of the fact I am educated, was earning well etc.? I have contradictory views here. Can I claim maintenance, without approaching  the civil courts as that route would take a long time?

You can refer to the answer given above  in Q-2.




4. I have documents proving that the  HUF started by my father exist. How much and how regularly should I be getting my share from the earning of the HUF properties?

It depends, you can ask for monthly maintenance too.




5.  How difficult or easy it is to separate myself from this recorded HUF ? Do you think I can or should do this before asking for entire property partition or after that?

If you want to exit out of the HUF, you can apply for partition by a suit in the civil court






6. I read online under Hindu law of inheritance that daughters also have a share in the mother's property. What does that mean?

The daughters do have a share in the mother' intestate property, what is your doubt about it?




7. In my case it would be exactly 15 years in Oct 2016 15 since my father has expired so can the WILL still be probated? 

You can very well file a partition suit which is not barred by any limitation if the probate is barred by limitation.




8. Since you are unmarried, you have to right to stay in your demised father's property for your lifetime till you die or marry. What if the HUF house is now in my mother’s name legally now?  Can I still stay there and ask for things/ facilities like car etc that they have deprived me of?

If your mother's property has been merged as HUF property then the rules of HUF will apply or if not you are entitled to a share in all her intestate properties as a legal heir to her, whether you are married or not. 





9. So far my mother and brother claim ins pite of asking several times that there is no WILL of my dad. In case I file a legal suit and then they show up a WILL which they have hidden so far, what can I do then?


T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. To mortgage, sell or gift the property amounts to creation of third party rights.
2. You can only cull out your share, if any, in the properties, but cannot claim maintenance as you have attained the age of majority. Maintenance and separate possession of the property are two different legal rights that you have confused and confounded.
3. The probate petition can be filed even now.
4. If the HUF property has transferred to your mother then severance of HUF status has taken place. Your mother alone can permit you to reside in the property now.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. I do not know on what contest the question of 'Third party right' has arisen. Generally any agreement is made by and between two parties. Any other party in the matter is called the Third party, 

2. You shall have to be sure at first that you belong to a legally recorded HUF who submits I.Tax returns as HUF. If Mother, brother and sister stay together it does not legally mean that they belong to HUF, If yours is s HUF and all the expenditure of the said HUF is maintained from the earnings derived from the properties of the HUF, then you can seek to be maintained by the said HUF or otherwise you can seek partition of the properties of the HUF,

3. If it is a HUF legally formed as per law, then you can seek maintenance despite the fact that you are capable of earning. If you do not belong to a legally formed HUF, you can not seek maintenance from your brother or mother,

4.If you belong to a HUF which still exists and if earnings are derived by the Karta of the said HUF, then you are to be maintained regularly staying in the said HUF and not separately,

5. You can file a partition suit claiming  that  the HUF does not exist any more since you are not being maintained by the so called Karta of the said HUF,

6. Here, you are claiming partition of the properties belonging to the HUF of which you are a member, 

7. Yes, an application seeking probate can be filed giving reason for the delay in filing the said application,

8.You can stay there but can not ask for facilities like providing you car,

9. A Will without grant of probate has no value more that a scrap paper. So, if they show you an un-probated will, it shall have no value at all.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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