Property right
Geeta
(Querist) 10 March 2015
This query is : Resolved
I have got contested divorce from my husband last year and legally child (Son) custody is with me.
Query:- My grand father-in-laws purchase a property (House) in 1960’s new Delhi Which was on lease of L N D O . He died in 1980’s without leaving any will. My grandfather-in-laws left behind two son & two sisters.In 1992 my father-in-law and his brother mutated lease dead on their name in
L N D O department records by taking N O C from their sisters. In 1997 My father-in- law & his brother free hold that said property from L N D O & got registered that property on their names.
My query:-
1.What is my & my child legal right in said property and how can i put said property in litigation and get some handsome amount amicably.
Kumar Doab
(Expert) 10 March 2015
It is felt that after divorce you have no rights in the property.
Rajendra K Goyal
(Expert) 11 March 2015
After divorce or now also you have no right on the property. If your father in law expires intestate and your husband does not dispose / bequeath the property, your son has right with other legal heirs on the share of his biological father.
Geeta
(Querist) 11 March 2015
How can i put said property in some litigation or any case on said property.
1. My financial condition is very poor please help me Experts.
Guest
(Expert) 11 March 2015
Any property case may prove to be a mere waste of time and money on your part. Prefer case only for due maintenance charges for yourself and your child.
Geeta
(Querist) 11 March 2015
Dhingra sir i am taking my maintenance monthly court has awarded very small amount (2400 only for me and child).
Guest
(Expert) 11 March 2015
I feel the maintenance is too small, if granted for both of you.
Anyway, what is the monthly earning of your husband?
About property, your son would be entitled to claim his share from his father's property only after death of your husband, not before that.
Geeta
(Querist) 11 March 2015
Sir don't have any proof my husband income. he earning approx 20000 per month
Guest
(Expert) 11 March 2015
Is he working in any government organisation or some private organisation and in which capacity?
ajay sethi
(Expert) 11 March 2015
repeated query . you had raised this query earlier too
Geeta
(Querist) 11 March 2015
He is working as Accountant with some trader in purni Delhi chawari bazaar.
Guest
(Expert) 11 March 2015
Due to private service, only the employer can help you to give clear picture about his earnings. However, if you have his PAN Card number, you can ask for the information from the Income Tax Department through right to information act, but only if he files his income tax return.
Geeta
(Querist) 11 March 2015
Sir he is not income tax payer
Kumar Doab
(Expert) 11 March 2015
The employer has to maintain various forms/registers pertaining to payment of wages as per Delhi Shops and commercial establishments Rules framed under Delhi Shops and commercial establishments Act and has to supply Salary slip as per payment of wages act............
The Labor Inspector in local o/o Labor commissioner might be functioning as Inspector under these Acts also.........and can examine all registers in Trader's office and can also call the record in his office...............
Try thru Inspector........or thru RTI.....
The court can call any record in court.
Geeta
(Querist) 11 March 2015
Experts i want to put said property in some litigation. How can file civil suit any partition suit or any type of case against the said property to pressurize my husband to get some money for my survival.
Kumar Doab
(Expert) 11 March 2015
If the property is self acquired he can do whatever he wants with it;Gift/sell....or keep it with him.
If he is paying the maintenance awarded by court he is complying.
Has your lawyer opined to appeal for increased maintenance!
Geeta
(Querist) 11 March 2015
I have got contested divorce from my husband last year and legally child (Son) custody is with me.
Query:- My grand father-in-laws purchase a property (House) in 1960’s new Delhi Which was on lease of L N D O . He died in 1980’s without leaving any will. My grandfather-in-laws left behind two son & two sisters.In 1992 my father-in-law and his brother mutated lease dead on their name in
L N D O department records by taking N O C from their sisters. In 1997 My father-in- law & his brother free hold that said property from L N D O & got registered that property on their names.
My query:-
1.What is my & my child legal right in said property and how can i put said property in litigation and get some handsome amount amicably.
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
Dont ask for wrong advise or advise for wrongful gains here. Neither you nor your son is entitled to any share in the properties held by your father in law, which includes your husband too.
