Property dispute between parents and child
4 years ago
Can my 23 year old sister ask for her share in my parents property (apartment) when they are still alive and living in that house right now???
And also she is asking for monthly expenses from my parents,so is it mandatory for my parents to provide it to her?
A.is she working? is she married? can she maintain herself?
if yes then no monthly expenses (maintenance) can be given by parents.
but in case of share in parents property, as per the Hindu Succession Amendment Act 2005 a daughter has a right in father's property.
if yes then no monthly expenses (maintenance) can be given by parents.
but in case of share in parents property, as per the Hindu Succession Amendment Act 2005 a daughter has a right in father's property.
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A.Dear Sir,
She cannot claim any share as it is their self acquired property. Since because your sister is educated and able bodied she cannot claim any maintenance from parents. On the other hand your parents may take shelter under the following Act.
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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
She cannot claim any share as it is their self acquired property. Since because your sister is educated and able bodied she cannot claim any maintenance from parents. On the other hand your parents may take shelter under the following Act.
==========================================================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).
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Shreyash Mohta
Responded 4 years ago
A.She is entitled only for her part of share in the property.
However, she is not liable to get any maintenance from the parents. On the contrary, the parents can ask for maintenance from the daughter if they feel so.
However, she is not liable to get any maintenance from the parents. On the contrary, the parents can ask for maintenance from the daughter if they feel so.
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A.She will get her share in her parents property. But no obligation on maintenance.
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Rameshwar Dadhe
Responded 4 years ago
A.If she's unavailable to maintain herself then yes otherwise no
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