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Indian Law/Live in relationship rights.

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Question
"Dear Sir,

This is Deven Age 40 from Mumbai.

My mother passed away in 2005. My father married to a widow.She too died in Feb 2014.Now my father age 69 yrs wants to enter in to Maitri karar and want to bring 60 year divorcee with him.

We have family run Pvt.ltd. Company. Where my father my elder brother and I have equal stake.Dad has properties in his name at two places near Mumbai.

How do I react to this situation. I want to safeguard mine and my brother's interest.

My question is ;

1) What is legal validity of this maitri karar in India.
2) Is this sort of live in relationship.
3)If they later covert it into marriage relationship what are the consequences.
4)Is she entitled to any property or share in my Dad's name.
5)He says he will buy another flat somewhere just for her in case he leaves us before her.
6) What complications can arise in case my dad leaves us.
7) Now my dad is staying in flat jointly bought by three of us i.e Dad and we two brothers and have equal shares.
8) Will it be possible for us to take possession of this flat and ask lady to vacate in absence of my Dad.
9) Are there any legal remedies to protect interest of we 2 brothers before this karar takes place.My dad will be more than ready to agree whatever may be suggested to him.He simply doesn't want to stay alone.

Please advice. Thanking you in advance.

Regards,
Deven"

Answer
Dear Deven

1) Maithri karar in itself is not valid. It is only an evidence that both the parties had been living together. But it does not have any legal sanctity.

2) It is live in relationship.

3) If they both get married at a later date, this lady gets a right over your father's property as his wife.

This lady will get a share over the flat if your father marry her. If it remains a live in relationship, then she does not derive any right over your father's property. You will be able to take possession of the flat if the lady is only in a live in relationship. The karar in itself being illegal, you do not have any problem with it and no safe guard is required. What is required is that your father should not write any will giving his share to the lady.  

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Advocate Manoj Ambat

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I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

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I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

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BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

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