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Who is responsible to look after mother elder sister or me
18-Jun-2023 (In Family Law)
we have two flats one in da & mom second in mom & me. mom stay in one flat & she is not allowing me to enter in my dads house. my dad has passed away without making any will. i have been told her by one lawyer i have no right to stay in my dads house. my sister is asking for her share but doesnot want to take care of my mom. sister has enough money & she is elder to me. if my sister is asking for her she should take care of mom. i have no job & no money. if my sister refuses then too she can claim for her right. what to do. please some one answer....
Madam,
It depends if the property of your father is acquired or inherited. Nevertheless if he has died intestate you have the share in the property and so does your sister.
The responsibility of the mother is of both your sisters
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Adv. Lochan Chandka
Mumbai | 25+ Answers
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Your mother can claim for maintenance from your elder sister and you also. You can also ask claim in your fathers flat. All children have responsibility to take care of their parents. If you are not working does not mean that you have no responsibility of your mother. Your sister also claim for her 1/3 share right in your fathers property
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Adv. Sarita Shintre
Mumbai | 25+ Answers
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Who is staying in the house which is jointly in the name of you and your mother. Also who is the nominee in the flat which is in joint name of your dad and mom. Firstly you need to check the name of the nominee with the Society Secretary.
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hi,
If your dad has not made any will, they you are the three legal heirs of him, you, your sister and your mother.
As you say, if one flat is in joint name of your dad and mom, then after him, she is the owner of that flat. And if there is another flat also, which is in your name and your mom name, then i think you are staying in that another flat. So, if you want your mom, should give you your share, then it is also your responsibility to look after her and to give her maintenance. Your sister duty is also the same. You both have to take care of your mother, because after demise of your father, who remains for her, you and your sister. So, instead of demanding share and all, it is the duty of both of you to take care of her and provide her maintenance and medical expenses also, if any. So, this is not the question of elder or younger, if you are a major and earning person, you can't say that my sister is elder, so i don't have any duty towards my mother. You both are now legal heirs of her. So, be cool and discuss this issue with your sister and mother.
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Adv. Darshna Shreedhar Mhadaye
Mumbai | 25+ Answers
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