Legal Question in Civil Rights Law in India
Dear Sir
My father has denied having any relationshiop with us and files case in 2001 seeking relief that we ( me and my mother ) should not be allowed for any rights in our ancestoral property,but we have all the proof and we contested this case and in 2008 due to the non appearence of my father court dismissed this case but in the order it has been written we are present in the case till the order date in 2008.
In 2011 also my mother got the stay on maintenance on charge under section 18 of Hindu Adoption and Maintenance Act on some plots of my father which are our ancestoral property aslo.
Just wanted to ask my mother is 56 and use to be ill much time whether i can be part of this suit which has got stay on maintenance on charge as the stay is still on and my father cant sell our ancestoral property.
In case if my mother dies will this stay on maintenance on charge will collape and become null and void or I will be able to take the benefit of this stay as my mother has got it and after her death i will be able to continue this case as her representative.
Recently my father has sold one plot which is also included in the above stay on maintenance on charge and i will put the information in court for taking strict action against my father.What will be the effect of this sale.
Just wanted to ask wheather i can get the benefit of this stay after mother's death, only 2 small plot have been left unsold ,wheather i can do something to get stay order for this lands.
2 Answers from Attorneys
You can also claim in your own right to the ancestral property.
If the stay is operative, and your father has sold property in-spite of knowledge of stay, you can make an application to court; for Contempt; and suitable action will be taken by court against him.
I have explained in detail........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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