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Rights of a dependent child in Fathers income and property?


09-Jan-2023 (In Family Law)
Hello, I'm 23 years old my brother is 20 he is a student and mother is housewife, issue is that my father is getting rs50000 pm rent from our ancestral property and not giving us single penny by saying he is the owner. I just wanted to know whether we are having any kind of right on this income and also as my brother is student can he ask for his educational expenditure from father, what are his legal rights as a dependent child
Answers (2)

Answer #1
747 votes
According to the Hindu Succession Act, you and your brother both have a right on the ancestral property and claim the same provided that the property in question is not bought by your father and is not gifted to your father by his ancestors though a Gift-deed in these two cases when property is either gifted to him or bought by him, makes him the sole owner of that property and you can not claim the same. However, as your question involves ancestral property it is required by you to prove that the property in question is not obtained by your father through a Gift-deed. Thus, for further assistance and queries contact and meet me as this is a complicated issue and you are required to show the documents of the property in question.
Answer #2
709 votes
Only minor children or unmarried daughter who are unable to maintain themselves can recover maintenance from their parents by filing the suits/petitions under section 20 of Hindu adoption and maintenance Act 1956.

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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