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Need advice on enforcing partition and enforcing vested interests
14-Jun-2023 (In Divorce Law)
Hello Sir/Madam This in regards to my My parents: they are married for almost 24 years now. Everything was going good but it's been last 8 years there have been Continuous fight between them. It's has become unbearable now and recently my dad has been talking to my relatives about giving divorce to my mom, We are three kids Aged : 23, 22 and 16... It's always that my Mom is the victim of this...She has faced a lot from this continues harrsments. She has been really strong because of the only reason thinking of the kids. My dad has started drinking Everytime he comes home.nd starts fighting with Mom nd kids taking all his work frustration on us...We tried a lot to mend things a lot... Indulging in family talk nd elder also intervene ...But now it's out of control and we can't bear anything of this more... Our family is not like a family anymore. So as my dad has started talking About divorce, I want to know what property rights my mom and We Kids hold... We have a House nd a small Agric
Hello, its very bad thinking of ur dad about ur family. Which property in ur father's name? In law ur mother have 50% share in property and left 50% divided between ur father and his issues. But try to understand ur father and admitted him in hospital there his treatment for alcohol.
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Adv. Asif Khalil
Budaun | 100+ Answers
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जहां तक प्रोपर्टी का प्रश्न है,तो तलाक होने की स्थिति में आपकी माँ तथा अव्यस्क बच्चे को संबंधित न्यायालय से निश्चित रूप से उनके जीवन यापन के लिए एकमुश्त भरण-पोषण प्राप्त होगा ।
अगर हम बात करें सामान्य परिस्थितियों की, तो पति द्वारा अर्जित सम्पूर्ण प्रोपर्टी पर उसकी पत्नी का हक होता है किन्तु उसके बच्चों का कोई हक नहीं होता (विशेष परिस्थितियों के अतिरिक्त)।
अगर हम बात करें सामान्य परिस्थितियों की, तो पति द्वारा अर्जित सम्पूर्ण प्रोपर्टी पर उसकी पत्नी का हक होता है किन्तु उसके बच्चों का कोई हक नहीं होता (विशेष परिस्थितियों के अतिरिक्त)।
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Adv. Sumit Agarwal
Jhansi | 200+ Answers
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It's sad that you are all going through this traumatic experience.If your father is adamant to take divorce then as per Hindu law of succession partition will take place you had not mentioned whether you are Hindu or not but presuming so ,I am giving my advice ,all offspring will get their share as per Hindu law with that for female child your father had to give maintenance till her marriage even if she is major, for males till they are attain the age of majority ,with that all ancestral property will be shared as per Hindu law of succession lastly your Mother will get all maintenance .
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Adv. Rishi Kumar
Allahabad | 200+ Answers
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hello
sir/madam
we have readout your query very carefully, your parents are married for almost 24 years now, but last 8 years both are fighting which it has become unbearable now and recently your dad said for divorce , your question is that how will distribute property dear if your parents will be separate you and your brother and sister will be rights to property , and your father will be give your mother some money according to your father income.
sir/madam
we have readout your query very carefully, your parents are married for almost 24 years now, but last 8 years both are fighting which it has become unbearable now and recently your dad said for divorce , your question is that how will distribute property dear if your parents will be separate you and your brother and sister will be rights to property , and your father will be give your mother some money according to your father income.
Helpful?
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Adv. J. P. Rinwa
Jaipur | 200+ Answers
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