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Brothers not taking care of my aged mother but asking for property
01-May-2023 (In Family Law)
Hi Sir/Mam, I am Surya from Chennai working as auto driver. I am married and having two daughters one married another suppose to get marry. My father passed away before 11years and my mother is with me now. Since I am poor I couldn't take care of her much in her aged period. I am having 5 younger brothers they are somewhat settled in their life more than me but they are not taking care of my mother. We are having a house registered in my father's name but he is no more. Me and my family living in that house taking care of my mother. My brothers are not taking care of my mother but planning for that house share alone. Here, since I am the one taking care of her, she is interested to give that house for me but since it is in my father's name, legally is it possible or not what else I could do in this case. Here my need is either I should get the house in case I am the only one taking care of her orelse my brothers also should take care of her. Kindly suggest me a legal opinion here.
Good evening
The property is in your father’s name
After demise of your father if he executed any will the property goes to that person
If no his legal heirs has share
If you want further assistance you can call me
The property is in your father’s name
After demise of your father if he executed any will the property goes to that person
If no his legal heirs has share
If you want further assistance you can call me
Helpful?
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Adv. Sumathi Lokesh
Chennai | 100+ Answers
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since there are 6 sons and a wife who are legal heirs of the deceased father, you are entitled to 1/7th of the property, likewise, your mother is also entitled for 1/7th, so, get a settlement deed from her for her share of 1/7th and make yourself major share holder. After that, file for a Maintenance case under 125 CrPC and make sure all other brothers contribute money monthly for her survival. more details over phone.
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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P.C states that both mother and father, whether natural or adoptive, can claim maintenance from any of their children. Under Section 125 even daughters are liable to pay maintenance to her mother and father. ... Married daughters are also liable to pay maintenance to parents if they are solely dependant on her
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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