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ancestral property claim by wife with out having divorce

We are fighing a DV case & R498a case.At orsent My two kida are with wife ,one is with me.She filled petioion behalf of 3 kids on father property which is ancestral.

Can wife file for this before getting divorce?

Already I am paying Mantainence, does this valid to claim as ntaural guardian of Kids,still court not decided on kids?

Can she file petetion behalf of the kid who is not staying with her?

Practicing Advocate

 The kids have a share in the ancestral property of their father. If the guardianship of the kids is with the mother, she can file a suit on behalf of the minors for seperating their share in the property for their benefit. But if the court have not decided upon guardianship, then you can very well defend this issue as you are also their natural guardian and is also safeguarding their interest  in the property.


practicing lawyer

i agree with archana.


Hindus have two seperate school of private laws one is "Mitakshara" and another is "Daybahga" basically applicable to Eastern India like Bengalis, Biharis etc.,  where the children have no rights over the ancestral property till father is alive and accordingly cannot make any claim. It could not be understood from the query which private law is applicable to you.

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Children  of Hindus have right by birth. The difference in Mithashra is that  alongwith the father children  jontly hold the ancestral property. In Daybhaga  property  children can  make the claim  for their share only after the death of their  father . That is the only difference.

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my wife filed a case aginst me and my family in 498a before 2 months now they have again put a case in family court saying that they have given jewels and frm the court they have put notice around alll my house aginst my family property of 8 and half lakhs and the hearing is on 22 this month ihave no idea can any body reply for that.


mr suresh take help of an advocate of your area. attend the court. receive complain frm court.




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