At the age of 28 years you don't require any ones permission or legal/courts order to leave your parents home. There exist no legal provision in India that you can seek help from to leave their home. You are already major by age & self dependent for which you can walk out anytime you like from their home. As far the provisions of the PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 is concerned that won't be of much help as neither you are dependent on them nor as at the age of majority i.e. 28 years you can be said to be a part of in a domestic relationship with them nor you are a child by definition, that will cover your grievous under this Act. Rather if your parents are having no means to maintain themselves they can claim monthly maintenance from you to avoid their destitute condition if they suffer from, under the provisions of section 125 Criminal Procedure Code. As far asking for a share in the ancestral property is concerned that you can ask by partition of this property if they are holding it, as its your legal right under section 6 of the Hindu Succession Act as ammended, however you cannot claim any legal right/share over any of their self acquired property till they are alive, but can do so if they died intestate i.e. died without leaving any will regarding their property. This the legal position in your case.
2007-08-27 00:49:27
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answer #1
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answered by vijay m Indian Lawyer 7
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With 28 years you just walk out and you don´t have to advise or discuss any of your decision.
You are full of age and nobody can force you to live with your parents.
In any case, I can see, that you seem to be afraid of them and how they might react.
So, the best thing would be, to get the things you want to take with you one day and leave without saying anything.
Otherwise, they might get violent and I am sure, you want to avoid that.
You are financially independent and the question is, why did you stand such a situation such a long time??
... And don´t make the typical female mistake to marry anybody just to break away from home.
We are living in a free world and women are as free to choose as men.
Better to leave today than tomorrow... go away and don´t look back!
Good luck!!
2007-08-27 05:53:24
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answer #2
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answered by Anita P 6
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Being a major your parents have absolutely no right to control you in any way. In fact if they do so they can be jailed under the Domestic Violence Act. All you have to do is complain to a social worker and they would be behind bars in no time.
The DV Act applies to your parents because they are related to you by blood. Any adult male/ female related to male respondent can be made respondent if he/she is related to the aggreived person by blood, marriage or adoption. It does not matter if the daughter is an adult or not so long as she is living in the shared household. She is entitled to ask for a residence order whether or not she has any right, title or interest in the property. Besides so long as a daughter is unmarried she has a statutory right to reside in the parental home.
A daughter is liable to maintain her parents only if she is the only child. The primary responsibility lies on the son and not on the daughter to maintain the destitute parents. It is only when there is no son, will the daughter be liable and that too only if the parents prove that they have insufficient means to maintain themselves.
Whether you want to associate with your parents or not is your wish, there is nothing in law that forces you to put up with your parents. You are free to get a job and settle down in any part of india you feel like.
You can even ask for partition of your parents property is case there is any ancestral property involved and live happily on your own. The law does not recognize the right of any one to torture some one else who so ever they may be.
If you want to put up with it its up to you but you dont have to.
2007-08-27 00:16:23
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answer #3
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answered by Pramod R 4
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Yes.
Get a lawyer.
But best thing is to pack your bag and walk out. Only problem is that you said , I am self dependent, and 28 years old.
I do not understand this unless you meant to say, that you are not independent, and you do not have a job or any income.
If you move out and if they try to kidnap you back then lawyer will explain that before leaving them you need a restraining order against them.
This is mostly governed by local laws so go to lawyer first.
2007-08-27 00:13:02
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answer #4
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answered by minootoo 7
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Since you have cfrossed 18 years of age you have a right ot take ur own decissions so u need to find a place for u to stay and a good job to earn ur living .
2007-08-27 00:43:47
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answer #5
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answered by rajen s 2
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until eventually ?the court docket orders otherwise your sister can take ?the toddler to stay with your mom they're married yet neither ownes this new child If ?the area is that unfavourable and perilous then I. Going to anticipate there is a few variety of abuse. tell your sister to bypass as planned whilst she is transferring to have somebody along with her and have somebody watch ?the toddler I hate to assert this yet there can't be am effortless fox. Legally the two mothers and dads have equivalent rights to ?the youngster ?the extra witnessness u could desire to this mess and form extra surprising documentation. ?the extra helpful shrink off all ties with there father and purely communicate form toddler He wl carry himself with nonsense ordinary if he's that weird and wonderful perfect of success!!
2016-10-03 07:18:32
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answer #6
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answered by ? 4
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you do not ned any legal procedures to leave ur parents home. nor can your parents force u to live with them LEGALLY. u just make some other arrangements for ur stay and walk out of the present home. If ur parents find you and try to harrass u u can take legal action against them.
2007-08-27 00:10:04
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answer #7
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answered by Anonymous
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see..why do u want to do this??instead of separating ..cant u and ur parents come to a conclusion..obviously ur parents wont tortue u for no reason...they brought u up all these years n now u want to leave dem??think twice!!
2007-08-27 01:11:53
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answer #8
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answered by Anonymous
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sure you can you are of age just pack your things and go while they are out if that is the way you wan tot do it should have done this long time agao.
2007-08-30 15:54:58
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answer #9
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answered by Tsunami 7
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if your 28 then there no need to worry, just leave i guess
& no there no legal way either
2007-08-27 05:10:54
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answer #10
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answered by Anonymous
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