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(Guest)

Can wife & kid ask for share in parental & in-laws property?

Can wife & kid ask for share in parental & in-laws property?

 

QUESTION-1: Wife has filed another case for injuncion on my parents self-earned property, to claim rights of her daughters share in that property, as well as her rights into it, if she gets divorced, based on Marriage Ammendmend Bill 2010/2013. Can wife claim rights on my parental property as well, as the rented house I have is in my parents name?

QUESTION-2:  Also can she claim the property share on behalf of our daughter in my parent’s self-acquired property? (Property distribution already happend in 2011 , among husbands mother, and 3 other brothers, and wife has sent injunction order to all of us in 2016), so is it valid? How can we save it from departing for the hard earned property, when Carorepati wife is misusing laws in the name of WOMEN’S EMPOWERMENT?

 

BACKGROUND (Hindu Marriage in  2008) :-

HUSBAND: Partially handicap due to accident, now has a rental income of Rs. 12000/Month, from Goa.

HUSBAND’S PARENTS: Father died 4 months before my marriage & Mother is still alive. And both were working and is their hard earned property. Got married in 2008, Divorve filed in 2013, after 3 years of desertion from 2010.

WIFE: Class- 1 Officer, Rs. 82,000 Salary, has a luxury flat in Lokhandwala, and wife is the only daughter, so she will get other two flats owned by her very old parents in Nasik. + gets Government accommodation for FREE !!!

DAUGHTER: 7 years old, maintenance amount Rs. 3500/month



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 9 Replies

laxmi kant joshi (instructor)     04 September 2016

The Ans of all your questions is a big NO , she and the daughter cannot get any share on the self earned property of your /your father's ,your father had already distributed his property as per his wish .
1 Like

(Guest)

Dear Joshi Sir,

Thank you so much for your reply. But the property distribution happend after our fathers death , as per the husbands families mutual understanding, as father did not leave any will.

Property distribution happened in 2012,a nd the wife has filed for injuction for everyones property (including in-laws) in 2016.

QUESTION: Is she herself cant claim, then can she claim on the behalf of the husbands daughter?

 

Thanks again Sir. God bless you all.

Kumar Doab (FIN)     04 September 2016

 

Has Marriage Ammendmend Bill 2010/2013, bceome Act law?

 

 

THE MARRIAGE LAWS (AMENDMENT) BILL, 2013

https://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%20as%20passed%20by%20RS.pdf

 

Kumar Doab (FIN)     04 September 2016

You have posted that:

 

"Can wife claim rights on my parental property as well, as the rented house I have is in my parents name?'

 

It is rented house so neither your parents nor you or anyone has any ownership right on it.

 

Kumar Doab (FIN)     04 September 2016

 "Also can she claim the property share on behalf of our daughter in my parent’s self-acquired property? (Property distribution already happend in 2011 , among husbands mother, and 3 other brothers, and wife has sent injunction order to all of us in 2016), so is it valid?"

 

The owner ( Hindu) can dispose his/her self acquired property in his/her life time as it pleases to him/her to anyone.

 

Neither you nor your heirs, have any forced right/share in your parent's self acquired property.

If proeprty is partitioned by a valid deed/agreement then such proeprty might have acquired the status of self acquired at the hands of each recipient.

 

The property in question might  have become suit property post order by court.

Your own able counsel that has examined each document on record, can opine on it.

 

 

1 Like

Kumar Doab (FIN)     04 September 2016

"

BACKGROUND (Hindu Marriage in  2008) :-

HUSBANDPartially handicap due to accident, now has a rental income of Rs. 12000/Month, from Goa.

HUSBAND’S PARENTS: Father died 4 months before my marriage & Mother is still alive. And both were working and is their hard earned property. Got married in 2008, Divorve filed in 2013, after 3 years of desertion from 2010.

WIFE: Class- 1 Officer, Rs. 82,000 Salary, has a luxury flat in Lokhandwala, and wife is the only daughter, so she will get other two flats owned by her very old parents in Nasik. + gets Government accommodation for FREE !!!

DAUGHTER: 7 years old, maintenance amount Rs. 3500/month

"

 

Bring the facts in knowledge of court that has to award maintainance, alimony.

 

Ashish Davessar (Advocate)     04 September 2016

The answer to both your queries has to be in negative. The rights of wife are confined to the properties of her husband, whereas she has no share in the properties of her in-laws, hence injunction cannot issue.

 

Legalshield

Rajasthan High Court

Jaipur

 

1 Like

paralegalpremie   05 September 2016

Yes, wife & kid ask for share in parental & in-laws property.

For more information, Contact for your Rejected Divorce Paperwork and separations.

Premier Paralegal LLC

Kunuthur Srinivasa Reddy   14 September 2016

Proprties earned solely by parents and parents in law can not be claimed as a matter of right. 


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