What is my rights over my father & grand father property?
Ms. Dharitri Mallik
(Querist) 12 September 2011
This query is : Resolved
Sir,
Good morning. Sir I have 2 brothers & one younger sister. My Father, age-61years, is a retired state govt. officer. My mother is a housewife, age-58 years. The eldest one is my elder brother, age-39,a service holder, is married and having a 8years old daughter staying with my Father in the Ground Floor. And the 2nd one is myself and am a issueless Divorcee, age-36, is staying with my Mother and Younger unmarried brother, age-30, a sportsman, in the 1st Floor in the city Bhubaneswar, State-Odisha.The house where we are residing is in the name of my father which is the self-acquired property of my father. The 3rd one is my younger sister, age-34, is married to a Public Prosecutor with a 6years old son in a rented house in the same city. The thing is that due to my father's monopoly, we have lot of family disturbances & my father doesn't like at all to my mother, me & my sister. And my elder brother wants to take all the property of my father & grandfather (died)into his name. And my father also wants to transfer all to his name. In such cases what would be my mother's right over my father's self acquired property & what is my rights over the self-acquired property of my father & my grandfather's property in our village??? If we cant get any property then should we have the Rights to Residence over the 1st floor or not? Since 1987, we are residing in the present building without in fail. Where as my elder brother after his love marriage was staying outside & recently about a month in July'2011 he came back to our house & staying with my father in the ground floor. So my question is that if my father thrown me, my old mother to the road then what should we do? If my father make a WILL in favour of my elder brother then what can we do? My younger married sister is also in very bad condition & tortured by her husband who is an Advocate & her husband also wants to capture everything what has given in dowry to my sister at the time of marriage. He knows every disturbances of our family & my father doesn't care whether his daughter may alive or dead.
Sir please advice me in detail. We are in lot of mental tensions & insecured.
R.Ramachandran
(Expert) 12 September 2011
First and foremost please understand. Now all of you (you two sons and daughter) are majors and your father does not have any responsibility to maintain you or to give you any property or shelter. You have to manage your lives.
Further, your father can do whatever that he wants to do with his self-acquired property. If in his wisdom, he wants to give the entire property to anybody (i.e. your elder brother), then he is well within his rights and none of you have any right to question him or you do not have any right to ask for any share.
As regards your mother, your father is obligated to maintain her and to give her food, clothing and shelter. She cannot also ask for any property. Your father cannot throw your mother to road. If he does it then your mother can approach court of law and seek maintenance and shelter under Sec. 125 of Cr.PC. For this, you have to approach a local lawyer.
ajay sethi
(Expert) 12 September 2011
i agree with Mr ramchandran that in respect of self acquired property of your father he can bequeath it to whom ever he deems fit
your father cannot throw your mother on the road . if he does that your mother can move magistarte under domestic violence act and claim right of maintenance , right to reside in shared household .
Shastri J.K.
(Expert) 12 September 2011
I agree with mr.ajay sethi.your mother, claim right of maintenance under hindu law also.
prabhakar singh
(Expert) 12 September 2011
I agree with opinion of Mr.R.Ramachandran and Mr. ajay sethi
