Legal Question in Real Estate Law in India
we are two sisters , one married and i am unmarried aged 40 years. after we (father, mother. me and sister)staying together for 40 years , we are not sure my father will write the property in the name of mother the self owned property. father is 70 years and mother 65 years
domestic violence case is going on since two years. and now in front of judge , he is not willing to give maintenance and resident and marriage expenses, according to his property shown in court. he is willing to give very minimum according to his property and after that he is asking for divorce. lot of counselling was done, but nothing worked out.
people have sugested civil suit on self owned property of father or to put suit for an injunction order for which the court fee wll be minimum cost. what is difference between civil suit and suit for injunction order .
so what ever, we get through court , later we want to put civil suit on self owned property of father , so that he doesnt give to anybody in his life time or write to somebody
we are mainly concerned that property comes to mother or to children , not during his life time but after him.
Pls suggest
5 Answers from Attorneys
U and ur mother can get only residence order and ur mother can get maintenance but ur father has right to dispose of his property as he like and no stay lies against original owner and for more details u can call m
A suit may be filed seeking a "charge" on the property to the extent of maintenance amount as per your entitlement. Even an unmarried daughter may be entitled to maintenance, if she does not have any independent source of income.
it cannot be ascertained whether the property would come to mother and children, in case it is self acquired. it can be bequeathed.
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