legal help
Querist :
Anonymous
(Querist) 23 March 2010
This query is : Resolved
sir,
My father was adopted by his uncle(fathers's elder brother since he had no children) and had aquired property from
him through a will stating that he had written the property to his adopted son (my father) since he(my grandfater)has no children and had it registered at the time of his death.
We are 2 daughter's and one son to my father,all of us are majors.Our father has left us and our mother and is residing somewhere without even giving us his address.
He has sold some of the property to a woman.
We dont know about his whereabouts since he is absconding willingly and now we want to claim for right in the property because we have no other choice to meet our needs.My mother is a housewife.
is that property considered as ancestral property and can we claim for equal share in it .
Can my mother claim for share in the property to meet the marriage expenses since it is his responsibility.
Please kindly advice us to get justice because we are not in a position to wait or search for him anymore.
thankyou.
Parveen Kr. Aggarwal
(Expert) 23 March 2010
The property bequeathed by way of will is self-acquired property of your father and cannot be considered as ancestral property in his hands and you cannot claim share therein.
You mother may claim maintenance and also the reasonable expenses of an incident to the marriage of unmarried daughters in view of provision contained in section 3(b)(ii) of the Hindu Adoptions and Maintenance Act, 1956.
