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Family avoids me giving my share

(Querist) 20 December 2013 This query is : Resolved 
am 27 year old unmarried woman with no particular income,my father not yet giving any financial assistance for living from my childhood.am staying at neighbor's house.my family is not interested in my marriage too.can i get any share from my grand father's property (he is no more &my father is the only son),my father is a rtd govt employee.i have two younger brothers(not married)
is there any right to get my father's bank balance?
is there any right get money for my marriage?
is there any right to get grandfathers property?
T. Kalaiselvan, Advocate (Expert) 21 December 2013
You can seek maintenance from your father u/s 125 Cr.P.C., he is liable to maintain until you get married.
Sudhir Kumar, Advocate (Expert) 21 December 2013
you can file civil suit for getting share of g/father property.
Sudhir Kumar, Advocate (Expert) 21 December 2013
share of father's bak balance can be got after his death unless he has given any will
P. Venu (Expert) 21 December 2013
Prima facie, you have not disclosed the complete facts.
malipeddi jaggarao (Expert) 21 December 2013
27 year old unmarried living at neighborhood without any attention of parents - what are the reasons?
As regards your property rights, you have a right in the ancestral poperty of your father. As regards his self-acquired property, nobody has any right at this moment. Only after his demise you are entitled to your share along with your brothers if he does leave a Will. As regards claiming bank balance, it is not possible, unless you prove that the bank balance includes the income out of the ancestral property. Even it includes ancestral property income, you can claim your share only if you file a partition suit for division of ancestral property.

Come with full facts, we may suggest better solution.
R.K Nanda (Expert) 21 December 2013
state detailed facts.
BAALASUBRAMANNYAMM (Expert) 21 December 2013
If your father is financially sound, even after retirement, you are entitled to seek maintenance from him, as you being an un-married daughter. In this you have to file a case before the court. With regard to the ancestral property, you are also having a share along with your brothers.You should also file a civil suit for this purpose.
prabhakar singh (Expert) 21 December 2013
Agree with opinions expressed.
Gayathri devi P S (Querist) 21 December 2013
sirs,
thanking you for the kind attention.
T. Kalaiselvan, Advocate (Expert) 21 December 2013
If your grandfather's self acquired property was partitioned and your father has been allotted a share, you cannot claim a right over it but you can always claim partition in the ancestral property which was allotted as a share of your father and is in his possession now. His bank balances are his own money, you cannot claim anything from that instead you can claim maintenance amount from him to manage your day to day expenses and also you can ask him to bear your marriage expenses, it becomes his duty to do it.
Gayathri devi P S (Querist) 25 December 2013
sir,

my father told me that he will give only 1/4 th of the share(divided among me & 2 brothers & a share for him also)he is not mention anything about his self acquired money.
my father is the only son of my grandfather.he is a rtd govt employee & currently working in a pvt firm. one of my brother is govt employee & the other in a pvt firm.

can i claim maintenance from my childhood till date?

my father has good financial position is he eligible to get 1/4th share of ancestral property,he plans to give the share to my brothers...kindly consider my problem..
P. Venu (Expert) 25 December 2013
your share is 1/4th. You father is right.

But, why this state of affairs?
malipeddi jaggarao (Expert) 26 December 2013
You are not coming with full facts even now.
Even your father is financially sound, he has his own right in the ancestral property devolved on him. Your right can be exercissable only through your father. If your father does not have right, how can you acquire the right?
You are asking whether I am eligible to claim the maintenance since childhood.
These are ridiculous questions. Be loyal to the elders who has given you birth. Perhaps these are the reasons that they are not taking care of you. Change your mind set. Or come with full facts, so that one can analyse why you are thinking in such a way
BAALASUBRAMANNYAMM (Expert) 26 December 2013
I accepted the opinion of Jaggarao sir.
V R SHROFF (Expert) 26 December 2013
state detailed facts.

state detailed facts.
state detailed facts.

state detailed facts.
state detailed facts.
V R SHROFF (Expert) 26 December 2013
u need to wait till ur father die, for his bank balance.

For property, give details, as dwelling house cannot be partitioned at the whim of daughter.[ if only prpt of GF]
V R SHROFF (Expert) 26 December 2013
mtn from date of application u/s 125


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