Jaffer Shariff 29 April 2020

Taking care of Disabled, mentally ill Sister for life time

My mother has expired and father divorced my mother before her death. We are 3 children. My father married another lady and they have their own children. I have two questions.
1. As per Cr PC 125, can we ask my father to take care of my disabled sister. If he agrees, after his death, any section is there like other sibling has to take care for life time. Please advise as per law apart from moral advise.

2. Can all we 3 children ( Fathers first wife children) claim for his property share

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 30 April 2020

1. Yes. He is responsible for the maintenance till his death and after his death, your siblings, who inherit the property of your father, shall have to maintain your disabled sister till her whole life.

2. Yes, you can also inherit the property of your father on his demise but not now.

Dr J C Vashista (Advocate) 30 April 2020

Both the questions are affirmative, wherein your sister is entitled for maintenance till she gets married / life time. However, sons will not get maintenance after attaining majority.

All of you have share in the ancestral property inherited by your father, seek partition of such property even during his life time.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 30 April 2020

Dear Querist

As per your profile, you are Muslim, so as per section 125 of Cr.P.C. your sister is entitled to get maintenance from her father till her lifetime or till her marriage.

Being a Muslim, you or your other siblings have no right in the property of your father during his lifetime.

if he died intestate then you all the children and the widow of your father will get the share in the property and not otherwise.

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P. Venu (Advocate) 30 April 2020

Yes, your father is required to take care of your diabled sister. Moreover, she is entitled to family pension, if he happens to be a Government servant.