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Filed for legal separation but now husband is sick what to do
05-Feb-2023 (In Divorce Law)
My father has been an abusive cruel alchoholic for past 15 years. My mother took it as long as she could and left home with her kids at last. She took interstate transfer and moved . one year hence he begged for second chance and she took him in. Shortly thereafter he returned to his old self ws evn more aggressive. Agn we hd to run awy. He followd wherevr we tuk refuge and abused us. Ultimately the cops were involved and she filed for legal separation and we also got a restraining order.Now he is sick and his relatives are forcing us to move back with him or give up all rights on his property
The rights to the property involves different consideration. If a person dies interstate, i.e. without making a WILL, the self acquired property devolves upon the Class I heirs viz. the mother, the wife and the children. However, during his lifetime, he can dispose or bequeath the property at his discretion. As regards to ancestral property, the children have a vested right.
As such in the present scenario the choice is between affection (or lack of it) and securing the inheritance rights of the children. As such, legal elements are of secondary consideration.
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Adv. P Venu
Vaikom | 500+ Answers
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As a wife and children all of you have right to get the properties from your husband .
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Adv. Ajay NS
Ernakulam | 200+ Answers
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