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Mayur (Sales)     13 June 2012

Can a stepmother claim property or maintenance from stepson?

My Mother died 9 years ago and after 4 years of my mother died, My father re-married with another lady who was unmarried. For first 8-10 Months her behavior was good but then after she started shouting on my father on small small reasons also my father married her stating that she has to take care of his daughter (My sister) but she was not talking with her many times.

 

She was behaving badly with my dad and after every word fight she use to go at her real home. She left our home almost 5 times in 4 years and every time myself and my father tried to conveience her to come back to home but last year she went away again after having word fight with my father for small reasons.

 

My father had heart attack and due to that he had to gone through Bypass heart surgery and then due to diabities he lost his vision as well and since last 2.5 years he is not able to see and has at rest in home.

 

My step mother left my father in that health issue around 1 year ago and never came back, now suddenly around 3 weeks ago her brother came to our house and kept my stepmother in our house, now both the parties are not interested to live together by heart.

 

My Stepmother is asking for 10 Lakhs for divorce. So I have few questions:

 

  1. Can she take a legal actions against my father? IF yes then if he is blind then can he get some benefit?
  2. My father has transferred propertly on my name and mentioned as a GIFT Deed in the property. So is she entitled to claim in the property which is on my name but gifted by my dad?
  3. Is she authorized to claim maintenance from me as being a stepmother?

 

We are ready to give her either monthly maintenance or fix amount so that she can live happily and have a good life. But they are asking for 10 lakhs which I cant pay.

 

Please advice what to do in this case.



Learning

 5 Replies

Tajobsindia (Senior Partner )     13 June 2012

@ Author

 

 

1. For transferred property share - NO

2. For maint. - YES reason being a childless step-mother may claim maint. from her step-son provided she is widow or her husband if living is also incapable of supporting and maintaining her. Re. Kirtikant D. Vadodaria Vs. State of Gujarat and another 1996(4) SCC 479

3. Your facts gives rise to a very typical familial modern days situation; father is 'incapable plus a medical case dependent upon his son - right' whereas the only property that your father had is transferred to you by way of 'gift deed' [I hope proper paperwork was done?] so in that case she has no share in the property as your father can give away during his lifetime his property as he pleases.  

4. My advice may be to rope in relatives and neutral people to make her accept lifelong some rosy paltry per men sum towards maint. OR wait for her to file appropriate case which is obvious she needs to file only under u/s 125 CrPC which has above scope (for receiving maint. from step-son as ref. SC Judgment talks about it) and the moment she files such case seek injunction / restraining order for her to vacate property in the name of maintaining status quo (harmony) reason being the property is yours for all records purposes and it is her husband who should provide her alternate accommodation (indirectly you should then exercise your good resources on behalf of your father to give maint. being step-son to her + offer via yoru father alternate accommodation to her instead of squatting on the already transferred property) thus saving on 10 L + property that is in hand in the longer run is my view.

5. Meanwhile as safety file a GD report at jurisdiction police station of her leaving home for such and such natal address for precautions against her possible backlash piggy riding DV Act to seek “right to residence” to a property whose owner is no more your father ! J
6. Ask your father what he wants out of his matrimony? If he is in view of 'divorce' then he has to be prepared to route his plaint under 'mental cruelty' grounds and for the same refer to my today's another post on vast grounds under mental cruelties by going into my profile / forum / posts.
7. Do hire a sensible advocate as yours is a tricky long innings pleading unilateral facts filled brief.



Off the records your father was (then) a wise-man continue loving / protecting such far sighted father’s which is call of the day.

 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 June 2012

Dear Mayur, 

 

  1. They can try implicate your father in false 498A/406 Cases and put dowry related allegations her case would be on much weaker ground though.
  2. She is not entitled to property that you hold in your name it is your exclusive property.
  3. She can seek maintenance from your father/ and even you if she is childless. 
  4. She has no propreitary rights. 

Feel free to talk !

1 Like

Mayur (Sales)     13 June 2012

Sir,

Thank you very much for instant reply.

I have couple of more questions to ask:

I have 2 bhk and i have locked one room and in one room, my wife, myself and my father are staying after my stepmother came back. She is staying in main hall.

Is it authorized to file a case or report to police to open that locked room?
And if in case anything happens to my father then can i take her out of my house legally?

Also, as i mentioned that she was not in our house since last 1 year and now came back so is there anyway we can file a case on her or do any other thing legally so that we can take her out of my house?

I appreciate your timely responses and waiting for your supported answers on above questions as well.

Tajobsindia (Senior Partner )     14 June 2012

Replied to your PM sent to me. Check your inbox.

Mayur (Sales)     10 September 2012

Hello All,

 

I appreciate answers from everyone.

 

Few days ago, My Step-Mother and her brother had filed Case (151) on Myself, My father’s brother and My Father in law, They didn’t filed case on my father because they know that he is blind.

 

This is completely fake case, We get JAMIN on the same day but now I think her brother will do something which will hurt us.

 

So, I strongly need suggestion from you that what should I do now to protect myself and my family from my stepmother, She is still asking for 10 lakhs which I cant pay.

 

Should my father file divorce case? IF yes then is she entitle to get 3rd or 4th part of the property which my father transferred on my name?

 

Please advice something, I really need your help.


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