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Q. family issue

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Anonymous

posted 7 months ago

i am 28 year old girl. i have 2 sister and 1 brother. my mother passed away last year she was a govt.employee. and my father is a businessman we have property like agricultural land and 2 house. my father wants to marry again. and that lady only wants our property and money. but all things were earn by my mother and father what should be do now..kindly help us.
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A. The answer to this depends upon How old is your brother ? and how the properties came to your father ?

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A. Immediately file case for the partition of the properties before your Father marries again .

Don't delay and waste your time in having meetings and discussion in family as he may marry in short time and then there will more complications for retaining the property

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Namitabh Kothari

Experience: 19 Year(s)

Responded 7 months ago

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A. Talk to your father and devide the property in equal portion of all the members ... till them don't allow him to remarry.

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A. The funds of your mother will got to each of you in equal ratio. You have to establish that the property was purchased from your mother's money. Thirdly you can file maintenance petition against your father on behalf of your sisters and brother. If the property is in the name of your mother than your father can not claim the same and if he remarries then he is not entitled to a inch of it. Need to see the documents of the property

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GANESH SHARMA

Experience: 3 Year(s)

Responded 7 months ago

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A. Do the background check about the woman with whom your father wants to marry. Maybe you find something from her past records. As for the property, your mother's share in the property will devolve according to the rules set down in section 16 of the HSA. For more on this you can contact me through Vidhikarya.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 7 months ago

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A. If the title documents of the property is in mothers name you father is entitled only for 1/4 share and you can file a suit for partition at the earliest.

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SUMSON .T.S

Experience: 14 Year(s)

Responded 7 months ago

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A. Self earned property distribution depend on will and consent of owner. You need to file partition suit on your mother self earned property. And convence to your father about real situation.contact with vidhikarya lawyer.

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Deepak Bade

Experience: 9 Year(s)

Responded 7 months ago

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A. If you have all the proof that your mother has earned with her own money then your father will get only one right over the property. remaining will distributed among the children inducing you.

Regards

Rajeev
RJ Associates
Trivandrum

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Rajeev RJ

Experience: 17 Year(s)

Responded 7 months ago

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A. 1stly you have to convince your father for the motives of such lady and the responsibility of your rest siblings, sitting together.
2ndly, you must try for jobs and be independent, this very important, bcz there may be possility that he may be adverse against you all when he will marriage. His decisions may become advers.
In that case you may decide Legal action from court filing partition suit on your property. At the same time you also move for rest of your siblings to family court maintainance of minors .

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 7 months ago

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A. If the title documents of immovable properties are in your mother's name, then you need not worry at all. You can file a suit for partition at any time according to your need, but you will have to file a suit in case your step mom tries to sell out the property.
Suppose the title documents of the properties are not in your mother's name then you need to file a case for declaration, partition and injunction right now.

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T B L Murthy

Experience: 5 Year(s)

Responded 7 months ago

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