Maintainence and partition of land property
nagarajupatro
(Querist) 28 October 2011
This query is : Resolved
gud evening sir,
please guide me in the below matter....
X married Y and bettoen 2 female child P, Q. after some years again married Z and presently residing in Bihar with her and there blessed with two male children A,B. Gradually neglected to maintain Y,P,Q. After conciliation by the village elders agreed to pay maintenance to Y and meet the marriage expenses of P and Q. upto 5years he paid and latter stop the payment. then Y &P approached the company and placed their grievance before the authorities. then X paid the dues. Again that he stopped payments. P became widow and returned to her mother Y residing along with her at her grand mothers house. X had ancestral property at his native village in andhrapradesh. X promised to give a part of land to Y,P,&Q. but disobeyed the conditions of the agreement made in the presence of village elders. In his service records he mentioned the names of Y,P,&Q.Now at this stage X will retire from service within 2 months and will get retirement benefits but not pension. How this Y and P claim maintenance and share in the ancestral land property from X. Shall they have to approach the company again? there is no chance for legal fight ?
Raj Kumar Makkad
(Expert) 28 October 2011
We experts are only for advice on legal issues. If 'there is no chance of legal fight' then scope of our advice ends. You may contact company or may persuade him, it is now your headache.
prabhakar singh
(Expert) 29 October 2011
The right desired can not be availed unless X gives on his own or by persuasion of Panchayat or company or the same is sought to be enforced by the courts of law.
OPT the option convenient to you.
M V Gupta
(Expert) 29 October 2011
X is said to retire shortly. His marriage to Z is illegal. Y should report this fact to the Company in which X is working and request them not to entertain application from X to change the nomination for the PF and gratuity accounts which is said to be in her name or fresh nomination for the accounts in favor of Z or her children. As X has deserted his legally wedded wife Y, she should file an application for maintenance under Section 125 of CRPC for herself and her unmarried daughter. This would compell X to pay the mothly maintenance under the orders of the Magistrate. If he fails to honor the orders of the Court Y can get his salary attached through the court.Another action that is open is for the daughters of Y to demand for their share in the ancestral property. As X and Y belong to Andhra Pradesh, they will be governed by the laws in force there under which I heard the daughters are conferred the right to demand partition even if the male coparceners do not do so. My leraned experts from AP may like to confirm this.
R.RAJENDRAN
(Expert) 29 October 2011
Firstly, issue lawyer notice to the Company informing all the facts and simultaneously file an application for maintenance under section 125 crpc.
