Need advice claim property from father
Querist :
Anonymous
(Querist) 09 June 2019
This query is : Resolved
Dear Sir/Mam,
My Father has divorced my Mom Sec.27 of hindu marriage act Divorce date 11/02/1997
Their marriage date is 06/12/1987.
We are staying in Dombivali pagdi system house for which my father is paying rent of rs 500 per month thats the only thing his doing.
The house is on his name however my mother and we both sisters are grownup here in this house only we are staying here from more than 20 years my father is not staying here.
My father is having 2 sons with his 2nd wife and have good property he has not given anything to my sister and me my sister is married and i m single.
I want to claim for this house to my dad please help us to know is there any law that after my marriage he will not allow my mom to stay here in this house ??
Do we also have a rights on his property as being his daughter and he has already written that he will keep maintaining for us and mine Mother too.
Please help.
below are the conditions written in divorce paper :
1) Both the daughters shall remain in the custody of the wife and she shall look after and maintain them.
2) That the husband shall have no rights over the said two daughters in future.
3) The Husband shall be liable pay maintenance to wife and the daughters,and he shall keep doing so.
4) Wife shall not be entitled to any assets/properties either movable/immovable of the husband, hereinafter.
Regards,
Divya Parmar
Dr J C Vashista
(Expert) 10 June 2019
@ Divya,
Although your mother may not have any right in the property of your father but both of you have a right in his (and your) ancestral property. You will have to discuss the issue with your father, if he do not agree, file a case for partition.
What were you doing since 1997 (when your father/mother got divorced) , is required to be tackled intelligently?
Consult a local prudent lawyer for better appreciation of facts, guidance and proceedings.
SHIRISH PAWAR, 7738990900
(Expert) 10 June 2019
If the property is in your father's name you will get the property after your father. In his life time you cannot get the property against his wish. Convince him and try to amicable settle the issue as your father has other properties also. You will have right for maintenance.
Querist :
Anonymous
(Querist) 12 June 2019
Dear Shirish Sir My Father is having two Sons with his second wife.
After my Fathers death if that two Sons claim on the property than do we have the same rights on my father property the way these two Sons have.
KISHAN DUTT KALASKAR
(Expert) 15 June 2019
Dear Sir,
Nobody has any right over the self acquired property of a person.
Please mark “LIKE” if satisfied by my answer.
