Widow mother - maintenance & property
Radhe Shyam
(Querist) 24 December 2010
This query is : Resolved
Mr. X having 1 eldest son & 6 daughters with 2 houses & 1 plot as property, dead after doing marrieg of 2 daughters. Then, Widow mother done marrige of the son & 1 daughter.The son left his family & started liveing on the 2nd home after 8 months of his marriege. The son neither helped nor gave any maintenance charges to widow mother & sisters. Eight years passed out, in this period the widow mother done marrige of 4th daughter also. Now the son sold that 2nd house without any discussion with his family & started building house on the plot which is registered on the name of his widow mother & making a plan also to sale the 1st house, where living his mother & 2 sisters. All those are so puzzled. Please answer my following queries - 1) How widow mother claim maintenance charges for past & future. 2) How can possible to stop construction on the plot of widow mother. 3)Have the son right to sale the property without any permission of his widow mother & depend sisters. KINDLY REPLY SOON.
Adv Archana Deshmukh
(Expert) 24 December 2010
The mother can seek injunction for restraining the son from doing the construction. The mother and the daughters can file a suit for partition against the son.
adv. rajeev ( rajoo )
(Expert) 24 December 2010
File a suit for partition and seperate possession. In the suit they can file an application u/o 39 r 1 to restrain the son from constructing the building in the plot. Mother can also file criminal misc., case against the son seeking maintainance, son is liable to maintain her mother.
Y V Vishweshwar Rao
(Expert) 24 December 2010
I agree with lrd Friends and further add that ;- The Mother , son and daughters are share holders of the properties - how the son can alone sell the property - how the son can construct the New House in the Plot standing in the name of Mother !
s.subramanian
(Expert) 24 December 2010
I agree with Adv Archana.
Kirti Kar Tripathi
(Expert) 24 December 2010
i an also in full agreement with my learned friends.
Radhe Shyam
(Querist) 29 December 2010
Kindly suggest, what should the mother do for taking stay against construction ? Is it necessary to hire an advocate for this? I want to know also that, are those sisters eligible also for claiming of maintenance ?
