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(Guest)

Need help (mother and son)

Dear all,

I have very serious matter in my life. We are Christian. I am staying with my mother. She totally depends on me. I am a working guy, not married. My father is alcoholic and separated (not legally) from my mother 18 years back due to fighting, bad company, alchohol, not giving house hold item etc. We are three children, one elder brother and sister both got married. My mother sacrifices whole life from the last 37 years. She is not educated but she done every small work (like press, door to door marketing, stiching, etc) to survive. She alone educates all three children. She alone does marriages of two children. Now after 18 years my father (age 64) sends us court notice for his maintenance. my father had 160 sq.f of land in delhi, half of which he sell out in year 1992. after that he run away. We are living in delhi, the said property is named on my father. I meet many times with my father but he doesn’t want to change. He drinks whole day.  My brother is living on first floor, he is also alcoholic, he is not working from last 4 years, and he only drinks day and night. On last court date, my brother give statement that he wants to live with his father, he only wants whole property that’s why he compromising with my father. My sister is with us, but she can't do anything. Does my mother have any part in this property? My mother is very tense, after 37 years she got nothing. My mother and I want peace. Our advocate doing nothing, he wants us to compromise with father. we need nothing but only justice, i want to fight for my mother who sacrifise this much for us. Please tell me what to do otherwise please tell me how to suicide. please tell me any advocate for help. email id is : mcanroe@gmail.com



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     02 March 2012

If the property is in the name of your father, your mother cannot claim directly any part on that property.  But, she has got a right for maintenance from your father.  She can claim it under Section 125 Cr.P.C. and after getting order in that petition, if your father fails to pay the maintenance she can go for attachment of that property, so that he cannot sell it or to transfer it some one else, as long as legal dues are pending against him.


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