I am here to seek some guidance on the below query..
Few years back my spouse had filed a case under 498a and DV act against me and my parents. The case is still in the family court. After multiple attempts of failed reconciliation, we received directive from the jurisdictional court to pay monthly maintenance though she is working, except the fact that our son is in her care. While we have been paying the regular maintenance, on every occasion of appearance in the court she demands a share in the house owned by my parents. The house was constructed by my father with his little savings and out of the retirement funds, which is why it is dear to all of us. For nature of our jobs, me and my brothers are staying away from the home town. Hence taking this as opportunity, she often sends their relatives to my home in the pretext of convincing my parents to give her a share by selling the house. Of late this has become a nightmare for my parents who are Senior & Super senior citizens. During discussion with our legal help, it was advised that a will or testament can be made expressing their wishes how their property is to be distributed. I am ready to relinquish my rights in the house (if any) so that my parents can peacefully live rest of their life. Is there anyway we can safeguard the home from any such attachment? Also, we don’t want any division in the property as my father has invested his blood, sweat and tears. However, people surrounding my family, scare my parents by saying that when my son will attain majority, she can claim a fair share of the property for him. Is this true? If yes, is there a way to legally refrain such instance.
Pending decision of the court of law, is it possible to keep such claims at bay?
Needless to mention here that there is no authenticity in the false claims reported in the FIR but it is difficult to prove our innocence until the pronouncement of the court.
Thanks and regards