Regarding the caiming right of property share of woman

This query is : Resolved 

Online (Querist)
03 April 2015

a woman whose husband has absconded since 3 years leaving her with father-in-law and mother-in-law. now she is waiting his return and she has no hopes of him. she wants to claim her husband's property share from ancestral property. because she has no sources to survive. is there any provision in law to claim ancestral property when her husband is not with her?

Advocate M.BhadraOnline (Expert)
03 April 2015

She has no property right during the life time of her husband and after divorce. But she can claim maintenance allowance and also residence right by filing a case under Domestic Violence Act in Judicial magistrate Court.

sankar narayanan Online (Expert)
03 April 2015

i do endorse with sri bhadra

Devajyoti BarmanOnline (Expert)
03 April 2015

Well, the in alws are not liable for maintenance under PWDV Act not for her residiential support.
She has only rememdy and the remedy is for maintenance under Hindu Adoption and Miantenance Act from her father in law.

Dr J C VashistaOnline (Expert)
04 April 2015

Is there any missing report lodged with police? She will have to wait for 7 years to presume dead of her husband.
As rightly advised by expert Mr. Devajyoti Barman, Section 18 of HA &M Act be invoked for maintenance of daughter-in-law.

Rajendra K Goyal Online (Expert)
04 April 2015

Agree with the expert Devajyoti Barman.

alexander (Expert)
04 April 2015

File a missing report about the absconding spouse. This shall come handy as evidence depending upon how the case ubfolds in future.

Sec 18 to sec 23 pertain to maintenance of dependents including the wife. In case the spouse has deceased then it becomes the responsibility of the Father in law to provide maintenace to the wife and her children.

You may try and file a case under these sections for maintenance.

As pointed out above it is only after seven years of continued absence during which nothing is known or heard about the person that he/she can be presumed dead.

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Kumar Doab (Expert)
04 April 2015

Agreed with Mr. Barman, Dr.Vashista.

Proceed further under expert guidance of your able lawyer.

T. Kalaiselvan, Advocate Online (Expert)
08 April 2015

man missing case and declaration of civil death on that basis will require atleast seven years of not having seen him or heard about him by the people who have known him or heard him. Therefore she cannot claim his share in the ancestral property as his legal heir will not be maintainable, she can go for maintenance as suggested by experts.

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