Legal Question in Family Law in India
my mother's a victim of domestic violence since 19 yrs. we are three kids:
a girl college going - high clg fees - 19yrs
a girl school going - 13 yrs
a boy school going - 8 yrs
my father has much property but under the name of my grandfather. my mother is a housewife and not much educated.
if my mother wants divorce can she get full custody of all three of us plus get a child support for complete expenses - on education as well as others of our three?
is my mother or any of the children entitled to the property also?
3 Answers from Attorneys
1)yes
2) only children has a right as legal heir in gf's property.
The answers to your queries are here in below:-
1. YES
2) If your Grand Father dies intestate ,then only your father inherits the property or the 2nd option is if your Grand Father will his property to your father and then also he becomes the owner of the property but the sad part is that the property coming to your father from his father becomes self acquired of your father and in that circumstance he can will it any one but if he dies intestate then all you siblings have a equal share in his property and not otherwise.
as you had been suggested earlier, your mother can go for enforcement of her legal rights by way of filing a complaint under DV Act, a complaint under 125crpc and in case she wants divorce, then a petition for divorce on the grounds available to her.
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