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sanjay jain (Asstt manager)     18 January 2016

Mothers resposibility

Hi ,

After my fathers death my mother stay with me 8 year without any problem but when i going to sell a joint property (in the name of my father and my wife ) she left and stay with my sisters.

i am only son with two elder sisters and ready to give there shares as per law.

but now my mother is file a court case for getting permission for staying that flat.

she is also want some monthly maintance charges.

1.my quation is is it possible to court alowed him for stay in that flat even she had only 12.5 persent share.

2. is as per law she deserve any maintance charges while im still ready to keep her with me.

flat is on registered power of attleney and 50% share is my wife and in remaining 50 % we are four partner( me,my  mother and two sisters.)

Please advice asap.



Learning

 1 Replies

Laxmi Kant Joshi (Advocate )     18 January 2016

You are right the share of your mother in your fathers 50% ownership in the said property is 12.5%, you can not forcefully sell her share, she had rightly filed for injunction in the civil court only to save her right, solve the matter amicably with your mother, it is a pious duty /social as well as legal duty of a son to maintain and look after his parents .

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