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supreet singh (Student)     07 August 2012

Legalheir claims

Hi, 

I am 17 years old. My mother has died one month back in a road accident. Myself and my mother were leaving seperatly from my father in the rented house away from my father's home from the date of my birth without the divorce of my parents.

My mother & father were not having good relations from the date before my birth means from last 17 years. My father had harrassed my mother in her life many times by filing divorce case and some other cases related to family quareels. 

My father has never cared my mother and as well as myself in last 17 years. My father has not lived with us 

My mother was a Govt. Teacher and has nominated myself in various Insurance, FDs, Bank Accounts, GPF and other documents.

right now I am leaving with my Maternal Grand mother and her family.

But after the death of my mother, my father has come to claim her all the dues stating himself as the legal gurdian.

Please suggest how I can prevent my father to become my mother's legal Heir when he was not caring us, when he was not depended to my mother and living seperate to us for last 17 years.

Kindly give your expert view to help me.

thanks



Learning

 2 Replies

Anish Thakur 7018812737 (advocate)     07 August 2012

dear querist,

  1. first of all take a long breath and feel relax ,now read carefully, and read
    -
  2. your father have no legal right as a legal gaurdian on behalf of you of your mothers property if she was leaving alone with you from last 17 years ,even if she had nominated him as nominee on some of her transactions before she had seperated from hi9m.
  3. you are the sole owner of all that but still you are minor its a question of matter and fact that who will be your legal gaurdian ,the juridiction is depending upon the court,if your father is claiming one for this you can object your objection through your maternal parents that they had taken care of you and your mother and you are loeaving with them and they can do best of your favour and think best for you and you want them as your legal gaurdian till you get attained the age of majority .
  4. your mother had or not filed suit for maintenace and other relief from yoir father for this but you can still file suit for maintenance from your father to get maintenance as daughter till you get married even you have all other benefits from mothers side ,its still your fathers obligation to maintain you till you get married no question how much you got earned from mothers side or from yours self.
  5. feel free to call if you have any query or doubt .
  6.  

supreet singh (Student)     08 August 2012

Dear Sir,

Thanks for the valuable reply.

Kindly also clear my some confusions: -

1) Under which rules myself or my maternal parents should put any case in the court to get declared myself as only legal heir of my mother. Since there it is not specifically mentioned in any law to get claimed the same since there was no divorce. What immediate action should I take to prevent my father to receive all the due funds.

2) since I am Minor, who (in my maternal parents) can file case in the court on my behalf and on which base.

Kindly also let me you contact nuber so that I can talk to you.

Thanks


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