mohan.D
(Querist) 03 May 2014
This query is : Resolved
Dear experts my father has kept one lawyer for his cases for many years due difference of opinion he has open his head in his car key in court premeiss in 2011 and my father was 65 year old and he was taken to hospital after that thier was amicably settle did by lawyer association president that you have made worng you should not done like that and the you have to give his all cases back he will keep another lawyer and lawyer association president decided that my father has to give ten thousand rs my father paid as they told after few months his health was upset he use to get head ache and fever and on april 2011 he got mild attack and he was hospitalised for few months and my father dieded on march 14 2013. My query are 1.Know can i fill a complaint on that beetan lawyer its already 3 years told my father is dieded? 2.Will my minor son will get share in my l/a father own self property and he has made will in my mother name? 3.my son is in the coustody of my wife he is 3 year old and my wife is working know and salary income is sufficient to maintance herself and my son also she is staying with her parents scince dec2010 do i have to pay maintenace to my kid has i dont have any job no property and i dont have time to search a job also in a month i will be in the court for almost 4-7 days in the cases only and i have to take care of my old age mother also.
dear experts Kindly provide your guidance on the situation
Kiran Kumar
(Expert) 03 May 2014
Initiating Criminal Case against the erring lawyer at this stage is not advisable. The facts are against you and otherwise of also in the absence of your father, you will not be able to prove the things against the said lawyer.
As far as Self Acquired property of your father is concerned, it has been willed in the name of your mother and the same shall move to your mother as per will only. No other person will be able to put a claim over it.
Guest
(Expert) 03 May 2014
You have described three different problems in one.
1) Due to amicable settlement more than 3 years back by your deceased father with the errant lawyer, you cannot take any action now on behalf of your deceased father.
2) Your minor son cannot claim any share out of your deceased father's willed property in your mother's name.
3) If you are earning income from any source, you are liable to pay maintenance of your minor son.
Guest
(Expert) 03 May 2014
You should have fought for your Right against the advocate who had beaten your father in Right Time.Now every thing is barred
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