Regarding claim for mentenance and distribution of property with father as per law of land and musli

Manzoor Ahmad (Querist) 08 February 2015 This query is : Resolved
I am Manzoor Ahmad 35 year age from Kashmir.I have one brother 30 year of age.My father aws by profession a Govt. Teacher.He retired in the year 2007 and is still alive.My father divorced my mother way back in 1983 and after that he married again .From the second wife he has one son.After the divorce we both the sons remain with our mother.She did not marry. She is a house wife.I am a post graduate and my brother is graduate.Initially my father was paying a sum of Rs 100-125 as a maintenance. from the year 1984-1988 and then after that he stops paying.Then after the death of grandfather in the year 1992 , my father starts paying 800-900 Rs per moth untill 1997.Then after that I asked him to give us equal share from the salary for studies,food,clothes and for other daily needs and I also asks him to give us share from the house so that we can live.which he was getting.But he refused and stops also paying those 850 Rs.
After that I tried may times to settle the dispute with my father through Masjid committee President,Mohalla President and through other relatives.But still he reused to accept the reality.
Now I am thinking of taking this whole matter in the court.You are kindly requested to give me proper advice regarding this matter and tell me that under which provisions of law of land and Muslim Maintenance law can I file suit against him.As an expert what will be the decision at the end and will court provide us maintenance and share from property which he has..Hope that you will answer and Justice will be done.

Thanking You

Manzoor Ahmad

Kashmir

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P. Venu (Expert) 09 February 2015
You and your brother are no longer minors and hence not eligible for any maintenance.

Manzoor Ahmad (Querist) 09 February 2015
But what about property.

Manzoor Ahmad (Querist) 09 February 2015
But what about the property of father.How it will be get distributed.

adv. rajeev ( rajoo ) (Expert) 09 February 2015
In the property of your father you cannot claim any share. If it is an ancestral property then you can claim

Manzoor Ahmad (Querist) 09 February 2015
Then what we will get from father.

Manzoor Ahmad (Querist) 09 February 2015
Were we will live.

P. Venu (Expert) 09 February 2015
Under Mohammedan Law, inheritance opens up only after the demise of the person. You are entitled for a share; it depends upon the school you are following.

Rajendra K Goyal (Expert) 11 February 2015
You are major now, try to earn your livelihood. You have no share in property of your father till he is alive.

T. Kalaiselvan, Advocate (Expert) 11 February 2015
For the present you may have to manage your own livelihood, here is no law supporting you to claim maintenance or share in the property from your father during his life time.

Ms.Usha Kapoor (Expert) 18 June 2018

I agree with experts.

Guest (Expert) 18 June 2018
Agreeing with different advice of different experts by Ms. Usha Kapoor after 40 MONTHS is not understood?

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