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Maintenence and stay order on fathers and grand fathers property
06-Jun-2023 (In Divorce Law)
We are Hindus and our father left us 7.5 years back. He has very good name both in our place and his office, he is retired 3 years back. He has both his own property and his father property which is in his name. I have two brothers. Can we get anything if we file maintenance, also I want to put stay order, please advice.
It depends on your marital status and your bothers age. If your mother is alive and not remarried after your father left you, she can claim for maintenance under section 125 Cr. P. C. If you are unmarried you can also claim maintenance under above provision until you marry and your brothers are also will get it till their majority. Regarding the property your father have absolute right. Even the property left behind by his father also treated as his self aquired property. You and your brothers cannot claim any rights over property until his death.
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Adv. Santhosh
Ooty | 100+ Answers
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maintenance is different from divorce. the sec 125 of crpc deals with maintenance. the person has not mentioned anything about the case. the references are not known by reading it. if the person is maintained by others then it did not attract maintenane
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Adv. Murali Krishnan Sanjeevi
Chennai | 500+ Answers
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