naady.nady (Others) 04 July 2019

Divorced wife claim in deceased father in law property

Dear Expert Lawyers,

Greetings...

My wife took ex-parte divorce in 2014 from court without my knowledge when I was in USA & I have a child who is of 6 years as of now, living with my ex-wife. My father & mother both passed away few years ago without making a will. We are two brothers and two sisters agreed to share the property equally with the mutual concent. Legal hiers aren't registed yet in the mandal office. Property is still under deceased father and mother's name.

My question is,

1. My divorced wife is saying that she got a claim of 12 lacs rupees with the divorce decree from court and she is challening a claim in our deceased parents property.

2. Can she claim the right in our property as it is still under my parents name ? Can she use the child as a weapon to claim the right in our parents property ?

3. I personally have no property registered under my name, kindly advise as we don't want to give her even a penny from our parents property as she took a lot of money from us during the marital life.

Note:- We all brothers and sisters are ready to sell the property, will there be any problem during and/or after sale of the property

I request all the expert lawyers to kindly advise on how to proceed furthur and please answer my above questions.

Thanks & Regards,

V. Shah

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 04 July 2019

Dear querist, ususlly the maintainance will be granted on the earning of the husband and self acquired properties if any but not parents properties.

Shashi Dhara 04 July 2019

Urs father's property died intestate it becomes ancestral property to Ur child. Because it is grand father's property though it is his self acquired property he has died intestate. His death automatically right accrues.so Ur wife can use child as weapon .settle with her amicably.

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naady.nady (Others) 07 July 2019

Thanks for your valuable reply, One thing I want to mention here that she is a working women and earning approximately 60000 per month and she is having an own house and an appartment registered under her name.

What is your opinion in this case, still she can be able to claim inspite of the assets and monthly income?

Thanks & Regards,

V. Shah