Separated from my Husband, Maintanence case is goin on will our daughteri get his Property in future
Guest
(Querist) 25 March 2011
This query is : Resolved
I will be Really Thankfull if Any 1 of you respond to my query,
Me and my husband had a registered marriage under Special Marriage Act, I faced lots of problems Due to which i had to file Maintainance case against him, we have a daughter who is now 23 years old and the maintainance case is goin on since 2001, My question is that my husband is having a Mistress who stays with him at his house and i am worried that he might give away his property to her and if not her he might give the property to his elder sister who is married.
The house is in his Father's Name(expired), the house tax bill comes in the name of three members, that is- he himself, his mother(my mother in law) and his brother (my brother in law).
Will my daughter and me get his property (house) after his death? If he signs and gives it to anyone else then can i file a case so that we can get it? Isnt it our right to get his property on his behalf?
Please a qick response will be highly appreciated... I am helpless and cant spend
too much on lawyers to get legal advices..Please be kind enough to help me.
Thanks And Regards
Jitendar Kumar gupta
(Expert) 25 March 2011
yes yourself has also got the right to reside in the property. File a petition in DV Act. besides this yur daughter has also got the share in the house. For more information call 9868529732 mail to me:guptajkin@gmail.com
R.Ramachandran
(Expert) 25 March 2011
I am afraid, from the facts given by you, it appears that they have already obtained proper succession certificate and have inherited their respective shares and got their names mutated in Municipal Records. That is how and why the property tax bill is coming in their respective names.
Thus, the property as on date is the personal property of your husband. He has every right to do whatever that he wants to do with the same. Neither you, nor your daughter (even prior to filing the divorce case) have any right or claim over the said property. Yes, only when he dies (and if he had not already disposed of the property either by giving away as gift, or sale or willed to anybody), intestate then the legal heirs (if divorce does not materialise by that time, you and your daughter, otherwise your daughter and his mother) will be entitled to equal share in the property. OTHERWISE NOT.
Guest
(Querist) 25 March 2011
so if he gives away his property to any other than i have the right to get the property? What is this DV act? can you tell me the procedure?
R.Ramachandran
(Expert) 25 March 2011
Dear Anonymous, if your husband gives away his property to anyone other than you or your daughter, you have no right to question the same, since it is his personal property and he can do anything that he wants to do with it.
DV Act is Domestic Violence Act.
Guest
(Querist) 25 March 2011
Thankyou for your advice Mr Ramachandran.
I am really helpless is there anyway that me and my daughter get anything, now the maintainance case is goin on and i am sure he hasnt yet given the property to anyone yet its still in his name, but in future he may, can we come to any conclusion with his lawyer that if he gives me and my daughter some amount for our living then i may release him by accepting his divorce?
R.Ramachandran
(Expert) 25 March 2011
Now do not make any such move when the Maintenance case is going on, because one does not know whether he will project that as an attempt on your part to grab money. Please wait and watch. Do not lose hope as yet.
Guest
(Querist) 25 March 2011
Thank You Mr Ramachandran,
I will keep your advices in mind. If anyother advices are required i will message you if you donot mind.
God Bless You
Devajyoti Barman
(Expert) 25 March 2011
Though you can not restrain him to transfer the said property, by way fo filing a proceeding under DV Act you can claim for alternative accommodation whereby your husband would be directed provide provision for your accommodation.
adv. rajeev ( rajoo )
(Expert) 26 March 2011
Your daughter can seek the share in the properties of her father if it is ancestral property. You said property is in the name of your husband's father, whether it is his self acquired property. If it is so then your daughter wont get anything. If it is not so then she will. And whether your FIL is alive?
