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Sharwanand   22 October 2017

Can wife demand father in law property

Hi Sir, 

My brother is planning to have divorce with his wife having kid (Female - 10 years). He did not took any money from her wife or from there parents during the marriage. After 3 months of marriage, My brother and his wife have some disputes, so they are living separately from last 6 years. Now my brother is vexed and planning to other marriage and start a new life. So he is planning for divorce.

When my brother approaches his wife to discuss divorce, there parents demanding Money(15lakhs) and land (which is on my father's Name) to get registered on Child Name. 

Please confirm, If my brother file a divorce in Family court,  what are the maintainance that my brother should provide to his wife and kid. My brother net salary per month is 50k , after personal loan deductions, he will be holding some 25k per month. he dont have any land on his name. 

 



Learning

 12 Replies

Jaspal singh (practicing lawyer)     22 October 2017

Dear Concern, firstly no such law permits to to daughter in law to get the money or property from father in laws property. Secondly it need to be determine that yours brothers wife is working lady or not and it is alsi need to be know for the knowledge that how much she is educated..as stated by you tat she is living separatly since last so many years it shows that there must b some source of income she have. If is it so than only minor son can claim the maintainance and court have to see the standarad of ours living style and the welfare of the child..in my opininon court can grant 6 to 10k as maintinance fir child as per the income of your brother. Rest your brother can file a divorce in the court of competent jurisdiction on tbe basis of desertion. Regards Jaspal S Maini(Adv) 9999987283
1 Like

Nitish Banka (lawyer)     22 October 2017

No interest in father in law property. she may claim maintainence under the 125 CrPC or under domestic violence act.

1 Like

Sharwanand   22 October 2017

Hi Sir, 

Just now , Constable from Nellore police station called to my brothe saying that , she kept 498A case on my bro , father and Aunt. 

My brother replied we will bring our lawyer and come to police station in next 4 days.

1) So please advice what are the precautions that we should take ? 

We have some mobile sms and Whats app messages (conversation between husband and wife.). There is no single message related to dowry.

2) My brother never asked for Dowry from last 6 years. But how can she keep 498A case on my brother father and Aunt. ?

 

Sharwanand   22 October 2017

Hi Sir, 

My brother wife kept case(498A) in Nellore , me and my brother stay in hyderabad in Flat. 

If they manage inspector in police station , Nellore city,  How can i save my brother , father and Aunt . How to get station bail for them. I am tensed, please advice.

My brother is innocent. Please advice what are precautions should i take to save my people. what are the cases i can put on  my brother's wife for this situation ?

Sharwanand   22 October 2017

If they kept case  498A on my Brother , father and Aunt ? How to get Bail?

1) Can i  give jamen for three people ? or we need 3 jamen for 3 people ?

2) I have proofs in Hyderabad,  Can i give jamen in Nellore or we need local people for jamen ? 

Please advice , we never step into police station till now.

 

Sharwanand   22 October 2017

Sir, I am common Man, 

Please advice, I can't even give Money for your valuable advice also. Please consider and give me advice to save my family from cheaters.

Siddharth Srivastava (Advocate)     22 October 2017

Daughter in law does not have any right or claim in the property of father in law or in law's property and assets. The quantum of maintenance depend on the earring, his liabilities etc but it may be noted that expenditures on luxuries does not amount to liabilities so in present the maintenance may vary from 12000 to 20000/- per month depending on facts of the case. These days courts are liberal in granting ACB or bail in such matrimonial disputes. Consult a lawyer with details. Siddharth

Sharwanand   24 October 2017

Sir, 

I got one information, FIR not yet registered in station on my people. They are waiting for my poeple to ask money and settlement.

My brother's wife mensioned like there is an illegal affair to my brother in Statement.  Myself and brother stay in a flat...Not any other person. 

Now , FIR not yet registered, Is it possible to apply Anticipatory bail..?  and save my Brother , father and Aunt . How much it will take to get Anticipatory bail. 

Police asked them to attend on Saturday. Courts are having holiday on vkends. Please let me know how to get Anticipatory bail in this situation only 3 days left.

I cannot Trust police people. 

MANJUNATH K B (Asst Professor)     29 April 2018

HI Sharwanand

you have to be afraid of nothing.. you and your brother can go to nellore police station wherever the case is lodged, they will give you station bail after doing counselling to your brother and his wife ...they will try to counsel to get adjusted with each other...its all left to your brother to be with her or not.....

trust me your brother  will get station bail  even though it si 498a case in andra pradesh....i think you might have got it already,

1)  my wife has lodged a 498a, 506 and i have got station bail from kurnool mahila police stattion and i am from karnataka

all the best bro, feel free to ask anything about the case

MANJUNATH K B (Asst Professor)     29 April 2018

just call sp vishal gunni if their is any such demand

Sharwanand   04 May 2018

My brother case was filled but the charge sheet not yet prepared , even police people know its is a fake case, they are asking for settlement , we already spend 8 laksh to get bail from high court. Now we are not ready to settlement becasue we dont have enough money, 

Its almost 5 months charge sheet not prepared , we are planning for Quash petition in high court. 

But can any one tell me how to get chargesheet from station or how to apply Quash without chargesheet , is it possible ?

If Quash applied in High court and if the case got quashed. we know that lawss some times favour to women now a days so if she put fake proofs and open the case , we cannot afford more money for courts.

Please advice the best option so that i can save my family. 

1) Charge sheet not prepared its almost 5 months completed. 

2) If charge sheet prepared when we get to know anout the Court hearing or how to get the charge sheet to file Quash in High court.

3) Heard like only 90 days for investigation , but why this police people took more than 90 days and is it valid ? Can i raise Quash ? some of the my friends said , If the investigation time is more than 90days , the FIR will be quashed. 

My brother wife left my brother 7 yrs back and kept 498A and 307 on completed family and police people also supporting them for settlement money.

ANy one help me to save my family

 

lawweb   13 June 2020

Whether daughter in law can claim possession of property purchased by her father in law in her name?

 


One argument, of course, could be raised that by purchasing the
property in the names of the wives in the family, the late Chaman Lal was
securing the interest of his own wife, as also the interest of his sons. That
argument even if raised, would also have to be rejected, because nothing
prevented him from then purchasing the property in the name of his wife and
sons, with no mention of the daughters-in-law. The very fact that he chose to
purchase the property in the name of his wife and daughters-in-law, would go
to prove that he actually intended it to be for their benefit.
That being so, it cannot be said in the context of the
circumstances of the present case, that the property was purchased by Chaman
Lal in the name of his wife and daughters-in-law, because they stood in any

fiduciary capacity to him. If that were so, he could have executed any
instrument by way of a family settlement etc. to make any such intention clear
in that regard. That no having been done, the property cannot be said to have
been purchased for the benefit of any other person, other than those in whose
names it was purchased.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No.1504 of 2016
Date of Decision: 07.09.2016


Smt. Kanchan Jain Vs.  Babita Jain

CORAM: MR. JUSTICE AMOL RATTAN SINGH
https://www.lawweb.in/2017/03/whether-daughter-in-law-can-claim.html
Citation: AIR 2017(NOC)73 P&H


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