Legal rights of unmarried aunt
Mrs.Mitra
(Querist) 31 December 2016
This query is : Resolved
What are rights of unmarried aunt in my father's property after his demise.
Mrs.Mitra
(Querist) 31 December 2016
Dear Experts, kindly opine the legal issues regarding the legal responsibility of unmarried mentally deranged aunt (invalid) with no source of income in an Hindu family of 3 brothers , in event of death of her elder brother(my father) .She was taken care of past 40 yrs by my father, who passed away, survived by mother and us (two daughters).Now my uncles deny to take responsibility of their invalid sister.
Guest
(Expert) 31 December 2016
There are Many centres which Provide shelters for Mentally Retarded Persons like one in Lucknow called "Aarogya" Etc. If you are Broad Minded you Could accommodate your aunt there and also take Legal steps to Donate the aunt's share Or Right to the shelter where she could be admitted.These shelters Run Purely on donations/contributions from Public.If your Late father had taken Care of his sister So Far It is his Moral Responsibility .
Kumar Doab
(Expert) 31 December 2016
You have clarified that you are Hindu family.
The Father is liable to maintain unmarried daughter...........
So if father of unmarried daughter (your unmarried mentally deranged aunt) has left an estate, then all legal heirs of father of your aunt, including your father, were and are, liable to maintain her out of estate left by her father.
Kumar Doab
(Expert) 31 December 2016
Refer to:
Hindu adoptions and maintenance act 1956
CHAPTER III
MAINTENANCE
21 Dependants defined: (v) his or her unmarried daughter,
20 Maintenance of children and aged parents
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
22 Maintenance of dependents
(1) Subject to the provisions of sub section (2) the heirs of a deceased Hindu are bound of maintain the dependants of the deceased out of the estate inherited by them from the deceased.
http://punjabrevenue.nic.in/hadoptact(1).htm
Kumar Doab
(Expert) 31 December 2016
What do you mean by: mentally deranged aunt (invalid)?
What is her exact mental condition?
Has it been certified by certificate from authorized doctor?
Rajkumar Tiwari
(Expert) 31 December 2016
Answer the questions of the expert for accurate advice.
Guest
(Expert) 31 December 2016
Mrs. Mitra,
Your description in the second post does not match with the requirement of your initial query.
In your initial query you have asked about legal rights of your unmarried aunt in your father's property after his demise. But in your subsequent post you have asked "regarding the legal responsibility of unmarried mentally deranged aunt (invalid) with no source of income in an Hindu family of 3 brothers."
Since these are two different issues, you may better be sure what exactly you want to know, whether about your aunt's share or the responsibility about her maintenance by your uncles.
Rajendra K Goyal
(Expert) 31 December 2016
Legally sister is not a class I legal heir in the property of deceased brother.
Legally you may not be liable for her maintenance, morally you may proceed as your father did.
J K Agrawal
(Expert) 31 December 2016
Valid or Invalid both type of sisters are not entitle to any thing in brothers property.
An legitimate or illegitimate daughter is entitle to share in property of her Father.
It is always Moral as well as legal duty of any and every relative (what ever relation may be) to maintain a person who is mentally disable. She can seek maintenance under section 125 Cr. PC. and Domestic Violence Act and under Old persons maintenance related laws. She is entitle under Indian Lunatic Act to get maintenance from any of her relative.
If you maintain her, it not mercy of you but it is legal duty.
P. Venu
(Expert) 01 January 2017
Has she any property? Was there any ancestral/family property that your father and hsi brothers inherited?
