• Father not supporting - feeding younger brother's family

I am in a common household problem with rare scenario & circumstances. Please help.

I live in a family of 10 members in Delhi, with non disputed owned property (900sq yards two storey house) on my grandmother's name. My father has only one sibling an younger brother.
My father has two children (Me & my younger brother) like my uncle (His younger brother) who also has 2 children (one elder girl & younger boy).

1. My fathers works all the time 7 days a week , 365 days a year except govt holidays. Never have time for us(Me, my mom & younger brother) but always spend quality time with his parents & his brother & brother's family.

2. Whatever he earns goes to our grandparents & they further never gave money to us (even the rented income of 2nd floor goes to grandparents).The only money which my mom gets is RS:100/day in which she has to take care of her needs, and kitchen and also of illness except this my father bring monthly ration for kitchen. Although he earns a good amount of money and also have one more property of 900 sq.yards on his own name from where he gets Rs:35000/month rent directly goes to my grandparents and they spend on my uncle's family and themselves.

3. He & my uncle (His only younger brother) works at the same shop of hardware & sanitary tools. My fathers leaves early for work at 8:30 Am/everyday and on the other hand my uncle leaves at 11:00 Am for the same shop, my fathers never came back home before 8:00 Pm, whereas my uncle has no fixed timing mostly at 5 pm & sometimes at 12 in the afternoon.

4. My uncle goes to a family trip outside Delhi once/twice a year. Where as we do not even know the meaning of a family trip.

5. Literally my father has never purchased a single pair of shoes/clothes/anything for himself from last 15 years. Whereas my uncle keep on doing shopping every fortnight not only for himself but also for his family. The 900 sq.yards shop whr my father & uncle running hardware & sanitary shop was purchased by my father on my uncle's name.

6. We (me & my mother) have confronted many times to our father to enjoy life and learn from your brother, its already enough favour done for him & his family. The only reply I will not change and my brother is my responsibility & also his family.

7. My grandparents controls the my fathers thinking and have changed his thought process in such a way that his motive of living is to feed his brother & his family and my grandparents.

8. He has never taken us to any trips and have hardly attended any family function, because every function is attended by my uncle's family. I am 25 years of age, I have never gone out with my mom & dad & brother for dinner/movie/function/etc.

9. I have started my own small business since mid of last year and have also got my younger brother into it. I & my mom & my younger brother is really pissed of as we all wanted to get the share of our property peacefully and get separated from both sides (1. House & 2. Work/business/shop). But we know my father will never do that as he wanted to always take care of his brother's family.

10. The most imp highlight is that my fathers always do wt my grandma says & never listens to us.

My grandma is so clever that she has got her image as cleaned as milk in the eyes of neighbours and relatives and shows our family as IDEAL JOINT FAMILY. He never let my father to do any physical abuse to my mother as it will let them in trouble, instead she along with my fathers presents me, my mom & brother as evils, and bad, and it results in mental torture for all 3 of us almost everyday. 

Plz show us a way to make my father understand how badly his dear one parents and brother is looting him, mentally, financially, & emotionally.

I want to know how can i get separated from my uncles family & grandparents legally. And also want to know the alternative if in the case my father does not support us in this decision. How can we (me, my mom & younger brother) claim the share in property?
Asked 4 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
Your father has, it seems, abdicated his social and legal duties towards his wife and children.

1. You alone have to decide how to address this issue in social parlance, albeit we can acquaint you with your legal rights.

2. You have not mentioned what is your age. This is germane to decide whether you have any legal remedy against your father. However, your mother very clearly can take recourse to law against her husband and seek maintenance from him as he has shirked his duty to support her financially even though he is possessed of sufficient financial sources to do that. An amount of Rs.100/- per day is hopelessly inadequate for an unemployed woman to support herself. So she has the legal remedy of instituting a claim for maintenance against him.

3. I presume that your grand mother must have been a housewife. How did she then purchase this property? Did she have her own sources of income to purchase it? If it can be proved that the property is not her self purchased then you may validly stake a claim to being a share holder therein and seek separation of your share, but this will necessarily require  the title deeds of the property to be vetted.
Ashish Davessar
Advocate, Jaipur
23475 Answers
654 Consultations

5.0 on 5.0

how was 900 square plot bought by your grand mother ? is it self acquired property or ancestral property? 
 . please clarify . you have stated that your father has another plot of 900 square yards in his name . 

if your father is not giving your mother sufficient funds to run the household she can file DV case claiming maintenance for herself  and other reliefs . she can also claim right to stay in shared household . 
she can also seek alternative accommodation . she can also seek an injunction restraining your father from disposing of the 900 square yard plot owned by him till the hearing and final disposal of the complaint . 

since you and your brother are adults and have own business you wont get any maintenance .
Ajay Sethi
Advocate, Mumbai
48067 Answers
2854 Consultations

5.0 on 5.0

Dear Querist
I completely agree with Mr. Sethi,
it will be better to contact a lawyer personally
Nadeem Qureshi
Advocate, New Delhi
4917 Answers
228 Consultations

4.9 on 5.0

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