Married Daughter Life in India
We are Hindu only two sisters and mom I’m the older one my father died 4 years ago on Gov. Duty he was on high post later my mother try to get same job for my younger sister unmarried but somehow not able to get the same gov job now she is software egg. And have good salary package also my mom gov. job retired 3 years ago she gets her and father pension as well, property also is my mom name witch is bought by father money. They have told me you will not get anything because you are married.
Now here all about me, 32 years old and having health issue such as migraine since childhood and married 3 years ago with a very poor financial family i have 1 kid, I have done MSc and I was working but now a housewife, my husband income is less and he have a big family all r depending on him My migraine problem is getting worst last one year my mom and sister keep telling me that they can’t do anything for me or give anything because I’m married daughter, time of marriage they have told me they will always help me but now they are totally change, however if mom wants help me but my sister will stop her even they don’t phone me or pickup my call. I don’t want to burden on my husband, he is nice person. If needed I’m ready to be separate. Plz advise me, Thanks a lot in advance. Also how can i make sure i don't lose my rights in future?
If I will get separate from my husband and my mother/sister not willing to help me where will I go?? One hand my husband is very poor other hand my mother/sister are very rich.
Asked in Family Law from Pune, Maharashtra
Your only proprietary rights in your parental family are confined to the ancestral property, if any. You do not have any rights in the self acquired properties of your mother/sister. You also cannot claim maintenance from your sister/mother as you are married. So make an informed decision.
1) on your father demise intestate ie you have one third share in father property
2) you have to file suit for partition to claim your share in property.
3) it should be your case that your mother is a house wife with no source of funds
4) property was bought by father in mother name for benefit of joint family
5) seek injunction restraining mother from selling the property
If the property left behind by your father was his own and absolute property and he had not any testamentary disposition of the same, then it is called as intestate property.
Being one of the legal heirs of your father, you are entitled to an equal share in his property. Your mother cannot deny or deprive you the legitimate right, if she is not acceding to your oral request you may file a partition suit seeking your legitimate share in the property of your father who died intestate.
In my case can I saw myself as unmarried because of this?
1) Marriage Registration is not done?
2) I have not changed my ID?
3) I have not transferred my Ration Card?
Asked 11 months ago
1) even if marriage is not registered you would be regarded as married if marriage has taken place as per Hindu Vedic rites
2) change in Id is immaterial
3) change in ration card is immaterial
1. Failure to register the marriage does not render the marriage illegal. Verbatim for not updating the ration card/IDs.