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Gulshan Kumar (Director)     27 September 2012

Mother's right in father's property

Hello Sir

 

In my family we are four brothers and parents. Few months before Father is retired from Railway. Three out of four brothers are married and living separate. My father owes a house registered on his name. In this house currently my father, mother and one brother (unmarried) is living. Father forcefully thrown out me from house. This house was constructed under my supervision. I physically worked in this house and also contributed Rs. 1,50,000/- by cash in front of my mother and brothers. In March 2012 father retired from Railway and got Rs. 1100000/-. As per govt. rule my mother was benifishree of this money. But father did not give her a penny. He falsely said that he had deposited Rs. 50000/- in my mother‘s a/c. He spent some money in construction and makes a Fixed Deposit of Rs. 3,00,000/- nominated to elder brother. He also given one lack cash to my elder brother. And insured his child’s Rs. 50000/-. Gave Rs. 50000/- to his wife for B.Ed. Now he is giving money for buying a car. My elder brother never worked in this house; he never did anything for family. But father blindly loves him and his family.  He also says that I will not give even one Rs. To remaining three brothes and my mother. He wants to give all the property and money to my elder brother.  He says in my will I shall give all property to my elder brother’s child. He also wants to throw out my mother, one brother (unmarried) from house. He restricts my mother to talk with us. Father says you only talk my elder son. My mother is mentally harassed with this. Please tell us whats our rights in father’s property (Mother+brother). Can we check him to not to do so.



Learning

 1 Replies

Anish Thakur 7018812737 (advocate)     27 September 2012

dear querist ,

as the property and income you are talking about in the query is self acquired by your father so your father is free to give that property /house/money to anyone,he can make will of his money/house to anyone,as your fathers children are major so they are not eligible for maintenance by him ,however your mother can file petition for maintenance under sec 125 crpc if your father is not maintaining her and have also right to live in the matrimonial house buit children are not eligible for any right being a major persons and as the property/money is self acquired by the father,feel free to call if any query left in your mind.


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