Divorce case advise

amit (Querist) 14 September 2016 This query is : Resolved
My grandfather and father force fully ask me and my mom to leave at the time when I am expecting baby 8th month .
We leave family house take loan and new home and blessed with baby boy.
My mom also come along with us due to pressures and disrespectful life.

My grand father and father now sending mutual divorce paper to get signed by my mother.

After 15 days of leaving family home my father called and ask for sorry and admit that grandfather is pressuring father to get divorce I have recorded that conversation.

In income part my father have no income from starting have FIT problems . My mother is teacher and earing 50k.

My mother was harassed by father and grandfather from 25 years and my wife is also harassed by father.

Questions

My grandfather gifted a property to father where we live from last 22years. Will we have right on the same ?

Father have all account joint with grandfather . Will we have right on accounts ?

They don't want to give any money or property. How will we do the same ?

Grandfather and father is also asking for maintainence from my mom as father is not earing any thing will it be possible?

Thanks

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Raj Kumar Makkad (Expert) 14 September 2016
During the life time of your father, you have no right against the property gifted to your father.

Similarly you have no right against either of the joint accounts maintained by your father with his father (your grand-father).

The ownership of the gifted property is with your father, If he further gifts that property either in your or your mother favour then its ownership shall gets transferred in your favour.

Your father has a legal right to seek maintenance from your mother if he is not capable to maintain himself out of his income.

adv.bharat @ PUNE (Expert) 14 September 2016
Nothing to be added since explain every aspect of ur query.

amit (Querist) 14 September 2016
Raj Kumar sir.

Will my mother have right on gifted property and accounts of father

I am worried of mother I am handling her well no issues. But she run home for 30 years where my father have FIT problems also. She use every penny she earn in that home.

Will she get any thing with rights.

Thanks

Raj Kumar Makkad (Expert) 16 September 2016
The property acquired by your mother during her life time with her own efforts is exclusive property of your mother and none other than her has its ownership or share and she can either gift it or make a will against that property but if your father is unable to maintain himself then he can get the maintenance allowance from your mother by filing a petition before the court to that effect.

Raj Kumar Makkad (Expert) 16 September 2016
The property was gifted to your father then he is its absolute owner and he can dispose off it as per his whims and wishes even if your mother has incurred heavy amount on its maintenance. Though your mother has right of residence in that house and she cannot be evicted. Your mother can get stay order under the provisions of DV Act.

Dr J C Vashista (Expert) 16 September 2016
I fully agree with expert advise of Mr. Raj Kumar Makkad.
Motivate your father to bequeath a Will in favour of your mother before he disposes it off and vice-versa.

Guest (Expert) 16 September 2016
Repeated query.

Original query at:
http://www.lawyersclubindia.com/experts/want-advice--616181.asp

Dr J C Vashista (Expert) 17 September 2016
Absurd and ridiculous to repeat same query.

Rajendra K Goyal (Expert) 19 September 2016
Why to repeat?

Divorce case advise

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