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My father selling our house without give us some place to.live
13-Oct-2023 (In Family Law)
My father, my mother and me are living in a house which is self owned by my father( not inherited). Now my father started hating us and he is willing to sell his property. But he has not given us a substitute place to live. Then where will my mother go if he sell this property and left the house?
Another thing, my father has 2 sisters. When my grandmother gave the property to my father one of his sister didn't signed in the will. Is that will be any plus point for us?
you mother can claim for maintenance or alimony if your father sells the property and leaves and go away in fact maintenance will be given to the child also as per monthly or yearly decided by the court
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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this is a bit confusing for me for the reason that first you start by saying that your father has not inherited the house and then you talked of inheritance by a will so I'm presuming you are talking of the house per se and the land is ancestral. now irrespective of the status of the house your father if a hindu of West Bengal governed by the dayabhaga school of law then he has absolute right to alienate the property which is his. if so then your mother or you do not have a say in that. however you if a girl without sufficient means of existence and unmarried or if you are a boy who is minor or any gender and is physically disabled then in that case your mother and you will be entitled to have maintenance including residence order from a court of competent jurisdiction. honestly a will is an independent instrument and there is no question of having the effect of either having or not having the signature of any person other than the testator and it is only the property of the testator which can devolve as per the will after the demise of the testator.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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if its your grand mother's property the children can act in accordance with the law, one of the sister needs to file a suit, and protect your mother and all of you , its not that tough your father will loose out on a lot and you wont repent
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Adv. Aveek Bose
Kolkata | 500+ Answers
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