My father was physically and mentally harassing me from childhood. Due to we had conflict though I never launch any complain in police etc. I left my house for job after 21 and came back after loosing job recently in 2022. Now whenever he is in conflict with me, he threaten me to throw out of house and keep fighting over why I leave in the house. I don't have job as of now, not married, so i left with very less option to move out. This is an ancestors property which divided legally and one portion is in my father's name. Do i have any legal rights to leave here or it is totally on his mercy? Please guide.
Kindly clarify on what basis you say it is ancestral property
2) also whether partition deed was executed for division of property by metes and bounds
3) once division has taken place it ceases to be ancestral property
4) if father is absolute owner of property you have no legal rights on said property
You, as a coparcener, is entitled for equal share in the ancestral property, as per the amendment to the Hindu Succession Act 1956 in 2005. You have every right to live in the property and you are not at the mercy of your father. Further, the correct opinion could be given if the property documents are available for scrutiny.
Being daughter and unmarried you are entitled to claim maintenance from father including residence.
I do not have property documents in hands, as far as I know it legally divided on 2003. Please let me know what I need to do safe guard myself and claim maintenance n residence legally.
Your father is absolute owner of property
you have no legal rights on the property
3) Major Unmarried Daughter Not Entitled To Maintenance From Father Merely On Ground That She Is Unable To Maintain Herself: Kerala HC
4) an unmarried daughter unable to maintain herself by reason of any physical, mental abnormality or injury is entitled to.maintenance
Except maintenance including residence from father, you donot have any right in the property.
Even if the property documents are not with you, obtain copies of the same from the jurisdictional Sub Registrar's Office. A certified copy is as good as the original document. To safeguard you and claim maintenance and residence, do not sign any document which affects your rights in the property.
Hi, it is the duty of the father to maintain un married daughter. He can't evict from the house. If you want you can file a police complaint and so also file a Petition under Section 125 of the Cr.P.C.
- Since, your father has got that property after the division of the ancestral property , then after getting the same , this property will be called as self acquired property of your father
- Hence, during his life time you have no right to claim over the said property in the name of your father.
- Further , as per Kerala High Court judgment , an unmarried Hindu daughter can claim maintenance from her father till she is married under Section 20(3) of the Act, 1956, provided, she pleads and proves that she is unable to maintain herself.
- Hence being an unmarried , you can file a petition before the family court for getting maintenance from your father , if you have no source of income.
As an unmarried daughter, your father is duty bound to maintain you till you get married as per Hindu Adoption and Maintenance Act.
He cannot refuse to maintain you.
You can file a petition before family court under section 20 of the HAMA seeking monthly maintenance from him and also domestic violence case against your father seeking protection and residential rights besides compensation for his acts of cruelty.
So, yes you can file a complaint against your father for domestic violence with the police station, magistrate, family court or protection officer appointed by the state authorities for the said purpose under the above said acts
The property your father inherited from his father will not be ancestral property to you, however you can fight for the rights in your father's property when the time ripens and not now.
For now, you may concentrate on the reliefs for the problems you face now
Dear Client,
After the division of the ancestral property, if your father has obtained ownership of this property, it becomes his self-acquired property. Consequently, during his lifetime, you do not have the right to lay claim to this property in the name of your father. However, according to a Kerala High Court judgment, an unmarried Hindu daughter has the right to claim maintenance from her father until she gets married, as per Section 20(3) of the Act, 1956. To avail of this maintenance, you would need to present evidence that you are unable to sustain yourself and have no other source of income. As an unmarried individual, you have the option to file a petition before the family court to seek maintenance from your father, provided you meet the necessary criteria.
You need to file eviction suit against that lady in court
No right to claim maintenance n residence legally.
Whether you have shar in the property or not, this can be advice only you can tell who had purchased this property.
You may seek protection under sections 17, 18 and 19 of the Protection of Women from Domestic Violence, 2005 (DV Act), as you are in domestic relationship and lived in the same house with your father.
