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Babita   31 March 2022

Family

I am a 36 year old Divorcee female. It's been 3 years since I got divorced. I have a 14 year old boy. I don't have any property of my own. Nor is there any income. My father had died many years ago. For 6 years, I am living with my mother at her house. I don't want to get married again. But now my mother is pressurizing me to remarry me. I explained to them till the last extent that I should not get married but they are not ready to accept. Now she is threatening me to leave my house. Is there any rule according to Indian law by which I can get a share from my family property. so that I don't have to leave the house


Learning

 5 Replies

HANUMESH H N   31 March 2022

if it's your mother's self-acquired property, she has every right to send you out of the house, As you mentioned in the case of family property you can seek an injunction and partition from your mother also, but you have to show it's a joint family property.

Real Soul.... (LEGAL)     31 March 2022

You should filr for manitenance for your son. IF the property is snesetral or belonged abd is in the name of your father, you can file for partition and get your share. Still file for partition suit and get injuction for your peaceful possesion from court'

SHIRISH PAWAR, 7738990900 (Advocate)     31 March 2022

Hello,

Yes, you can get share in the ancestral property. You are also entitled for your father's property. File partition petition to get share. If your mother has property in her name then your mother will decide who will be entitle to property. You cannot approach court to claim the said property. 

Roman Jay Almaza   15 April 2022

I agree with him, try and get an income instead of doing something sneaky to your mother.

Divya Vijayan   16 April 2022

Since you don't have any means to support yourself and your minor son, you can seek maintenance from your ex husband under section 125 of CrPC.  As far as the family property goes, you cannot have a share if it's a self acquired property of your mother but in case it's an ancestral property, you can have a fair share of the said property.  In Vineeta Sharma v Rakesh Sharma, the Supreme Court has held that daughters will have coparcenary rights on their father’s property, even if the latter died before the Hindu Succession (Amendment) Act, 2005, became effective.


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