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Stop my father from selling his property
01-May-2023 (In Property Law)
My father has illicit relationship and i filed a complaint under section 502,3,7. His monthly salary is 38,000 rupees. Is there any possible way to stop him from selling his property? Can i claim my share in his property as long as he is alive. If I file a case for maintenance in court then will that be solely based on his salary?
My age is 22 and I am a student. Since he is in a semi government job can we have claim on our share in his provident fund? Can his insurance policies, medi-claim policies, fixed deposits be blocked?
My age is 22 and I am a student. Since he is in a semi government job can we have claim on our share in his provident fund? Can his insurance policies, medi-claim policies, fixed deposits be blocked?
If it is an ancestral property you can stop your father from selling the property and if it is his self acquired property you can not claim any share. PF can not be claimed by his legal heirs when he is alive and it is his right during his life time over the PF money which would have been accumulated in his account by virtue of his service as an employee.
Regarding FDs & Insurance policies, if it is in his name, the maturity amount during his life time will be paid to him only. However if the person dies during the subsistence of FD/ and or Insurance policies, then the proceeds are payable to his legal heirs. On the other hand your mother has got the right to restrain him from selling the matrimonial home by obtaining injunction from court by filing DV case against him and can claim reliefs like maintenance, compensation, right to stay in matrimonial home or an alternative accommodation.
You are also entitled for maintenance & stay in your father's home.
Regarding FDs & Insurance policies, if it is in his name, the maturity amount during his life time will be paid to him only. However if the person dies during the subsistence of FD/ and or Insurance policies, then the proceeds are payable to his legal heirs. On the other hand your mother has got the right to restrain him from selling the matrimonial home by obtaining injunction from court by filing DV case against him and can claim reliefs like maintenance, compensation, right to stay in matrimonial home or an alternative accommodation.
You are also entitled for maintenance & stay in your father's home.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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