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javedkhanusmani (owner)     11 April 2013

Sons right in property

Dear Sir,

I am 19 years old. my father had done 4 marriages.

Out of which :

1st wife expired 2 sons aged 45 yrs and 50 yrs settled in their lives

2 nd wife expired 1 son aged 40 yrs settled

3rd wife alive paralysed 1 son aged 25 yrs 1 daughter aged 30 yrs both settled abroad.

4 th wife alive 2 sons Me 19 yrs  and my brother aged 22 yrs. not settled.

My father is living with my mother as well as paralysed 3rd wife.

When my brother was meerly 8 months old he was left with my nani by my mother and father.

And when I was 2 months old I was also left alone with my nani,

Since then we have been braught up by our naniji in great difficulties.

My mother and father never ever taken proper care of me.

Mother used to contact me once in a month but my father has never ever bothered about me.

I and my brother have grown up in utter poverty.

I have been deprived of mothers love and fathers love. my father did not spend a single hour with me. My naniji who is 70 years old has taken care of me now she is unable to help me further due to old age.

My father age is 74 years

My mothers age is 45 years.

I have questions :

1. What are my rights on my fathers property.

2. what sections of law deal with providing me my share of right.

3. Can I claim maintainence from my father and mother for last 19 years of my miserable life ?

4. what steps should I take to claim monetary compensation from my father ?

5. how much monetary compensation I can claim and how?

6. what legal support is available for me?

Thanks

Javed.

 

 

 



Learning

 5 Replies

Ranee....... (NA)     11 April 2013

you have equal right on his propeties like other siblings. you can claim maintenance till you are major.

Tajobsindia (Senior Partner )     12 April 2013

I disagree to summary view of @ Ranee..... "you can claim maintenance till you are major."
Reasoning:
As per Law of the land you are already major.

 

 

@ Author,

 

Interesting brief;

 

A. During the life of your father the sole owner of your father's property (inherited or acquired) is your father himself.

 

B. Indian Succession Act, 1925 or HIndu Succession Act, 1956 is applicable only in case of Intestate Succession i.e. when your father dies without a Will. The case in hand is not so.

 

C. All your step brothers / step sisters as well as third wife of your father and present wife of your father are equal share holder when ever above para B occurs.

 

D. Your father has sole right to share his property according to his own choice and Will.

 

E. No one can advise or ask your father to prepare a Will for sharing or donating his property according to his own choice and will.

 

Above are Law points as simple reply shared with you for your para 1 and para 2 questions.

 

Now I am attending to your rest of the question parawise;

 

For your 3 - NO is reply.

 

For your 4 - Law will not allow you to take any steps.

 

For your 5 - Nothing.

 

For your 6 - Hire via reference an Advocate and seek further guidance if needed. 

Tajobsindia (Senior Partner )     12 April 2013

Ok.

Answering to you now and not to the @ Author (awaiting his clarification)

AA. Then in that case there is no concept of ancestral property or rights by birth in the case of Muslim succession. The rights that a Muslim's heirs acquire upon his death are fixed and determined with certainty on that date and do not fluctuate.

AA 1. Muslim law recognises that persons may leave behind a Will but a Will (unless ratified by all the heirs of the person leaving behind the will) is valid only to the extent of one-third of the deceased's property. Insofar as it is valid, it is governed by the regular laws applicable to wills in
India.

javedkhanusmani (owner)     16 April 2013

Thanks for your reply sir.

I am surviving on 4000 rs per month given by my naniji. she is getting very old now. until now i did not know about children rights as minors as i myself was a child without any guidance. now since i have learnt computers i found out your web site and prayed for help.

my question is anybody can give birth to children like me and leave them to die ? my father is earning about 2 lacs per month and he was a hindu but converted to islam on 2nd marriage to enjoy his life. still he lives like a hindu.

I want justice from my rich irresponsible cheater dad. i see other children having all bikes and cars and money and i feel isolated in this society.

i spend my entire childhood starving without toys, education, without parents love, without money.

I need compensation from my dad and mom for not taking care of me for last 19 years since i was born. 

please show me some way so that i can get some money from my rich dad and do further studies/ business otherwise i will be ruined and forced to live in poverty.

why there is no justice for sufferers like me?

Am I not a citizen of india?

Am I not a human being ?

is it my fault if noone claimed maintainence for me when i was a small child.?

Did I not have a right to good education like my other age group boys ?

I had to work in cyber cafe and learn english. i wanted to be educated and compete for exams. but no one paid for my tuition and coaching fees.

I have to skip my 1 meal daily,  I have only 3 pairs of kurta. i travel by bus.

i have to somehow manage my whole month in only Rs 4000 that too given by my old naniji from her savings.     

My Dad and mom have 4  cars and 2 flats. but they never spent a single penny on me. They never allow me to stay with them. 

what steps should i take to get justice.?

If you can ensure payment of monthly maintainence to educated  and working wives then why indian law cannot ensure my right of maintainence?

Why indian law doesnot punish such people like my my dad and mom who leave their children to die of starvation so that they themselves can live a luxurious life?  

if again your reply is NO. then I feel ashamed of being born in this country where there is no justice for genuine sufferers and courts are full of false cases.

There has to be a law to ensure proper monetary maintainence of all legal and illegal children.

This web site shows a member strength of 224809 and i received on 4 responses.

my father is afraid of my mom because she lodged DV act. 

I also want a similar DV act for children like me.

who will pay for my 19 years spent as an orphan ?  why law cannot force my rich mom and dad who go to disco and tourist places every month to understand their responsibility towards their sons ?

my brother was forced to leave govt school and work in mobile shop. who will marry him ?

PLEASE HELP ME. 

javedkhanusmani (owner)     16 April 2013

Also, if my mother can claim maintenence under DV act why cant I ask for maintainence as a son?


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