LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Diego stanga (Self employed)     30 April 2014

Can there be division of expense on such maintenance

Respected Advocates of India,

Pls solve my query urgently.

My grandfather and grandmother had 3 daughters and 1 elder son. My grand parents were looked after throughout their life time by my father and mother only. Having some issues with their own 3 daughters they never had any conversations with them throughout their life time. Now they are demanding for a share in the property.

Can we demand for the maintenance of my grandparents as we were the only sole individual family who were looking after them. We paid for everything from hospital charges to missicellenous expense till their death ceromony from our own bank accounts.

By billing up all the details can we charge them to pay their share of maintenance which was spent on my grandparents for looking after them, as it was the responsibility of all the 4 children. If they demand for a share in the property then shouldn't they have a share in maintenance of their parents because in our property case they himself have mentioned that both their parents were living with us for more than 3 years. And my grandmother herself has mentioned in her WILL that, throughout her life time her only elder son was looking after her.



Learning

 5 Replies

Dr J C Vashista (Advocate)     30 April 2014

Sorry legally you cannot demand for the maintenance / funeral expenses.

Settle the matter amicably

Advocate Ravinder (Advocate/Attorney)     30 April 2014

Well advised by Vashista sir.  Since your parents looked after them for a long time, your grand parents might have having more love and affection upon your parents than the other 3 daughters.  Then, why you have not taken steps to convince your grand parents to write a will of their share of properties in the name of your parents and yourself.  It is over now.  You cannot claim and expenses from the other three daughters.  

Diego stanga (Self employed)     30 April 2014

First of all thank you Mr. Vashista sir and Ravinder sir for your reply. Sir I wanna add to it that both my grandparents have executed a WILL and they have inherited all their property to my father and it also states that, only my father has taken care of them all their life. 

And also the 3 daughters they do not have their name in the WILL. As they have rightly said in our property matter that more than 3 years their mother was staying with ous till her death. Thus taking this point in consideration can I ask for maintenance under any section. If they tell that they need a share in the property then they should also have a share in all the expenses which occured all the years. As there were 4 children then it was the duty of each and every child to look after them and pay for their daily medical necessities.

For more than 10 years the 3 daughters didn't even bothered to see their parents and even when they died these three daughters were not present and aware about their parents death. Now they want a share in the property.

Sir we have paid for each and every expense which are made when a person is bed ridden and we have bills regarding it. 

Advocate Ravinder (Advocate/Attorney)     30 April 2014

What more you want.  The whole share of the properties of your grand parents comes to you and your parents only.  Hence, you and your parents are benefited exclusively leaving apart the 3 daughters of your grand parents.  You should not be so money minded and jealously. 

T. Kalaiselvan, Advocate (Advocate)     01 May 2014

As properly advised by Dr. Vashista, you cannot claim a share in the amount spent on maintenance to your grandparents, atleast legally not.  Your father is duty bound to take care of his parents and it forms apart of his filial duty as well.  That way, there is no justification in your illegal demand.  Since your grandparents have  executed a Will bequeathing the property on your father's name, let him probate the Will before the district curt and inherit the property as per law.  In the probate Petition, let your paternal aunts challenge the same and allow the court to decide about it.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register