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.
Helpful
Helpful
Share
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.
==========================================================================
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)).
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
A.She will get her share in her parents property. But no obligation on maintenance.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 4 years ago
A.If she's unavailable to maintain herself then yes otherwise no
Helpful
Helpful
Share
Read Related Answers
Legal Procedure To Move Out For Adult Female
Dear Client,
When you are experiencing such type of toxic and abusive behaviour from your own parents, you can get in touch with a social worker or NGO who renders dedicated service to help you out o...
RCR case
Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the hus...
Separation from Sibling on a legal ground
Dear Client,
You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely.
Hop...
My sister is not giving my share from our parents property
Dear Client,
If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...
Husband denied expenses for both of us
Dear Client,
Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be m...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
