Legal Question in Family Law in India

MY FAMILY MEMBERS [LIVING NOW IN MY FATHER'S SELF ACQUIRED PROPERTY] ARE AS FOLLOWS : MY FATHER, MY MOTHER & MY UNMARRIED BROTHER ARE LIVING

TOGETHER IN 1ST FLOOR. I, MY WIFE & MY 6 YRS DAUGHTER LIVING TOGETHER AT GROUND FLOOR, SEPERATELY FROM FATHER BECAUSE HE CAN'T ACCEPT TILL NOW

MY MARRIAGE FOR CAST-PROBLEM. BUT WITHIN US NO FOO OR MONETORY TRANSACTION EXCEPT I AM PAYING a)ELECTRICITY CH. ACCORDING MY SUB-METER [METER IN FATHER'S NAME]. ITS HAPPENING SINCE LAST 10 YRS. LAST 8 YRS I ALSO PAID HALF OF HOUSE-TAX, SWIPPING EXP WITH THE SUB-METER EXP. I HAVE

PURCHASED A HOUSE BY HOUSING LOAN JUST 1 YR PAST.NOW MY FATHER WANT THAT I HAVE TO LEAVE HIS HOUSE IMMEDIATELY. SO, PLEASE GUIDE ME ABOUT :-

1ST QUESTION:-

WHAT MY FATHER HAVE TO DO TO WASH OUT ME WITH MY FAMILY FROM HIS HOUSE? IS THE PROCEDURE IS SAME FOR MY BROTHER, WHAT HE HAVE DONE AFTER

RECEIVING WHOLE PROPERTY BY WILL AFTER MY FATHER DEATH? IF ANYTHING OCCURED OF AFORESAID MATTER, WHAT WILL BE MY LEGAL ACTIVITY FOR DEFENDING

MYSELF. I DON'T ABOUT PROPERTY BU ATLEAST I WANT TO LIVE HERE FOR 20 YRS MORE.

2ND QUESTION:-

CAN I APPLY TO MY FATHER TO DO EITHER MAKE PARTITION WITHIN OUR 2 BROTHERS

OR MAKE DISOWND CHILD TO ME LEGALLY AS PER INDIA-HINDU-FAMILY-LAW? SO THAT WITHIN MY FATHER AND ME, ASSETS & LIABILITIES BOTH WILL BE ZERO.

IF APPLY, THEN AGAINST WHICH? [MY FATHER HAS 3 PROPERTY :- 1) 1 SELF AQUIRED IN SELF NAME 2) 1/4TH SHARE IN OTHER UDEVIDED PROPERTY IN MY GRANDMOTHER NAME 3) 1 SELF AQUIRED OTHER PROPERTY IN MY MOTHER NAME.]


Asked on 2/01/11, 9:19 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

a) You are entitled to a share in ancestral property and claim the same by filing a suit for partition and possession in local civil courts;

b) You have NO right in the self acquired property of your father which he can dispose of as per his wishes. If he makes a WILL in favour of your brother, you cannot challenge the same and claim any right.

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Answered on 2/23/11, 8:42 pm


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