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Author Topic: Claiming Fathers property  (Read 647 times)

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Offline mohitsule

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Claiming Fathers property
« on: September 09, 2015, 09:56:16 PM »
My father & Mother got divorced in 1985. I am staying with my mother from since then. As per court order my father was suppose to give monthly compensation to us, in initial days he gave us but afterwards he discontinued paying. And later on he never shows interest to see me or my mother, I never saw him or he never comes to see me. Not only he disobeyed the courts order but also he ignores his responsibilities. Now after 29 years if I wants to Sue him what charges I can file against him, & how much percentage I can claim in his property, because he remarried and staying in some other city. Please let me know your suggestions. Thanks.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Claiming Fathers property
« Reply #1 on: September 10, 2015, 12:35:25 AM »
When your parents got divorce then there is no issue about his re-marriage. But when question arise about the order of maintenance which he had stopped to pay to your mother, then your mother should have put the order of maintenance into execution. But after so many years the claim of payment of maintenance shall not be  entertained by the court.

Regarding your rights over your father's property to claim at present is nothing. Until he left anything for you or died intestate, you cannot claim any property of your father considering that you are now major(adult).  If you were minor then you could claim for maintenance of yours too.

But there is a way to keep him under pressure legally which may puts him to compromise with you and pay lump sum money or some share of his property. The procedure/ advice I cannot share in this open forum due to my professional reasons.

For further clarification and advice in details, you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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