Family Disputes - parents had abusive marriage Family Disputes - parents had abusive marriage

1 year ago

Respected Sir,
I am a 47 yrs physically handicap lady (85 % to both legs due to polio) and walk with crutches. I am married and I have one daughter 6 yrs old. We both husband (71%) & wife are handicap and presently working in Railways. I completed 20 yrs service and husband only 6 yrs.
My parents had abusive marriage (both physically and mentally). My mother(69 yrs then) died in mar’ 2019 and father is alive 80 yrs. My father had small business but due to loss in 2000 recession his business got wind up and my parents also got separated due to their strifes right from their marraige . My father bought a flat in Mumbai in 1983 in my Mother’s name as he had his elder brother’s in his name. She didn’t signed any nominee name for the flat as for her all the children were equal. I have 2 eldest brothers (married) and one sister. Elder one doing job and other is doing business. Sister is doctor but unmarried. In 2000, there was long abusive fight between father and mother where my father and brothers physically After separation, father moved out from the old house and bought new house in 2nd son’s name at other station and started residing with him. He also bought new home to elder son at same place where his old house was.
From 2000 to 2010, my father tried to enter the old house twice regarding which police complaints has also been done. In 2010 he filed case on us daughter to give him maintenance to harass us. Due to filing of case, my mother got mentally disturbed and aggressive. The court then gave orders in 2013 to give ₹2000/- from elder sister and ₹1000 from me and by that time I got myself married and went to Vadodara. Also in 1995, my father and 2nd brother bought a small piece of land of at native place
Now after my mother’s death he has again filed a case on us by claiming all his right on the house and the land as he does not want to give us any thing in his property.
In this case, please guide us should I claim my share or not as I am very much fed up due to my physical conditions and its becoming very hard for me doing my railway job and bearing this mental trauma.
Thanking you.

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Madam,
You have merited case but the action plan of Indian Courts is very slow. Anyway you are advised to go with the system by filing multiple cases before multiple forums.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Dear client,
According to the Supreme Court judgment, in her father’s ancestral property, a daughter gets an equal right along with her brothers. The Hindu Succession Act, 1956, states that any property that is acquired by a person himself, either by way of his own resources or by way of division of the ancestral property, is his self-acquired property. and he can do anything with it through a will or gift deed.
Your father can claim his rights over that property. So please contact a lawyer who can help you properly by physically inspecting the documents.
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Subhashis Paul

Responded 1 year ago

A.Firstly you should claim for your share of right on those assets. Secondly, whatever property you mother had in her own name shall be divided into equal parts among all the legal heirs since she have not executed any testamentary will or gift deed or sale deed. Moreover, you also have right to claim share of right on the properties in the name of your father if your father have not executed any testamentary documents unlike your deceased mother.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Madam,
You cannot claim legally any shares in your parents self acquired properties. You may get the same only out of love and affection towards your parents.
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