Case for giving half home & compensation

5 years ago

Sir I am married and hv my daughter 5months old. My brother use to spread negativity about me and my wife in my absence. He spread so much negativity that my parents donot listen to me ang fight with me always. After birth of my daughter my brother has not seen her face and my parents donot call my wife . She is so much mentally harrsed that she left my home now. I am living apart from my wife and daughter just because of my parents. I am sure my parents will not give anything to me in future as per presesnt circumsatnces. I cant live with my brother and wife under one roof and he use to fight with us. Can I file case for partittion and compensation and what evidences I hv to collect and these are is happening only under one roof

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Urgently file a case for partition and issue legal notice for initiating compensation.

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NILANJAN CHATTERJEE

Responded 5 years ago

A.If the property is ancestral in that case you can file for partition. If it is self acquired by your parents then in that case you cannot file for partition.

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Mohd Imran

Responded 5 years ago

A.If the property is ancestral than you may claim your share in property as per schedule given in Hindu laws. And if the property is self acquired property of your father than you cant claim your share in that property.
Other thing you can do that is file a Domestic Violence Complaint through your wife against your parents and btother and claim share household and compensation from them. You may also prayer for protection orders in domestic violence complaint.
For further queries go on my profile and contact me in person

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GANESH SHARMA

Responded 5 years ago

A.What is the status of property ? Ancestral or self owned

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Anonymous

Replied 5 years ago

self owned

GANESH SHARMA

Replied 5 years ago

Then you can not claim your share and can not file partition suit

Nirmal Chopra

Responded 5 years ago

A.You don't have much legal options.The property belongs to your father.If it is self acquired or even received in inheritance, you cannot claim any right over it during life time of your father and even thereafter you will get either as per the will and if there is no will, you will receive your share as pee schedule of Hindu succession act. So far as compensation is concerned, you can file a suit for damages for defamation but chances of succeeding in it are very less.

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