Priyanka 01 April 2021

Marriage amendment bill and property rights ofwife and child

Marriage Amendment Bill-2010 and property rights of wife and child : -

MYSELF = Priyanka (Hindu) - Don't own any property jointly with husband or in-laws.

CHILD = 1 Son (now he is 16 years old)

MY WORK = Govt. Job - Division Chief.

DIVORCE = Lingering since 2009.

MAINTENANCE = Getting for son only.

HUSBAND = Shows unemployed, and I cant prove anything about his job.

QUESTIONS:-

(1) I am working, so I am not getting maintenance, but can I ask for maintenance for son, even after he is above 18 years of age?

(2) As per Marriage Amendment Bill - 2010 (still has become law or not?), can I claim husbands movable and immovable property? Right now he has NONE, as few plots that he had, he sold it or did gift-deed in his mothers name.

PROBLEM: In 2009 , when husband knew that this marriage wont last, he already transferred his land in his mothers name.

(3) The house where he lives, is in husbands mothers name, so if Marriage Amendment Bill - 2010, becomes a law, can wife put claims on husband inheriting his mothers property of husbands share from his mothers property?

ANCESTERAL PROPERTY: My lawyer said that just because husbands father already died before our marriage , the ancestral property becomes their self-acquired property and they can dispose off in which ever way they want. EXAMPLE: Just like what my husband transferred his share of the property in his mothers name, and sold most of the other land.

(4) Later on, say 4 or 7 years down the line, can I claims my rights in the husbands ancestral property that they have already sold in the past, during this ongoing divorce?

(5) We have put our claims on the property of all my in-laws, as a HUF, even though it was not a HUF. Husbands mother, 2 sisters, 1 brothers, all live in different places, so how can I prove that its is a Hindu Undivided Family? Husbands brother is in London, 1 sister is in California, and remaining sister lives in Delhi.

Thanks Priyanka.

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 01 April 2021

As you are a Government employee you will not get maintenance from the divorced husband. If your husband has ancestral properties, then your son shall get a share in the ancestral properties but not on individual properties.

Priyanka 02 April 2021

Dear kavksatyanarayana,

Thank you so much for your response. I do appreciate it. But I get confused, as there is a THIN LINE between, "ancestral property" & "Self-acquired property".

NOTE: Husbands father died before our marriage, so in that case even their "ancestral property" becomes their "Self-acquired property".

Is that right? Or am I missing something?

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Thank you for your time. Priyanka.

kavksatyanarayana (subregistrar/supdt.(retired)) 02 April 2021

Dear Priyanaka ji after his (your husband's) father's death, that ancestral property devolves among all the legal heirs of his father including daughters. If it is partitioned by the legal heirs of your husband's father, then who partitioned the property, for their share, that his/her self acquired property. Do you understand? otherwise, call me.

P. Venu (Advocate) 02 April 2021

The facts posted suggest that the property is not ancestral. Wife and the son are the legal heirs to the husband's property, if any. left intestate. A divorced wife is no longer a legal heir, but the children continues to be.

Dr J C Vashista (Advocate) 02 April 2021

@ Priyanka,

Even if you are a government servant you can claim, entitled and have maintenance from your husband as per his financial status.Your son will loose maintenance after attaining his majority.

Your father in-law (stated to have deceased before your marriage) had the property from which source(s) i.e., his ancestral or self-acquired ? Whether subject property was left intestate or executed any will ?

Q 2 is vague. Please re-post amendment bill separately to the facts applicable in your case.

Q 3 Interpretation of ancestral property is misconceived and wrong.

Q 4 Why do you wait for 4-5 years ? why not now ?

Q 5 Concept of HUF is out-dated. However, sisters are not member(s) of a HUF, but wife is a member.

Thanks

Dr. (Maj) J C Vashista, Advocate

Priyanka 03 April 2021

Thank you for all the learned lawyers for your valuable time. I cant appreciate you enough. I am really obliged and thankful for your insight.

NOTE: I dont have a law degree, so I sometimes get confused, and I dont want my lawyer to file any cases, which will be waste of time and money.

ADDITIONAL POINTS:-

(1) Husbands father (my late father-in-law), had bought most of the property from the wedding gift/money he received (I think in the year 1972), but father-in-law died without leaving a will, and all the legal heirs had their partition immediately after my father-in-law died, but my husband transferred his share of property, in his mothers name, before I could file a partition suite.

(2) All my in-laws, are living in different cities/countries, so my lawyer said that the only way forward, is to file for a partition suite, under HUF (Hindu Undivided Family), and BLOCK all my in-laws property, so they would come to the settlement table. NOTE: It sounds horrible, but I just want justice for my child.

QUESTION: -

(1) From what I read on LAWERSCLUBINDIA, after death of father, the legal heirs acquire property, even if ancestral property, becomes their "SELF-ACQUIRED PROPERTY", and they can dispose off in which ever way they want. Right?

(2) I said, 4 or 5 years down the line, because Indian court cases take very long, so by that time, if my in-laws have already sold off all the property, (which mostly they have), then how can I get my sons share?

(3) IMPORTANT: My husband, transferred his share of property, in his own mothers name, so now it has become her stri-dhan. Can we put claims on that?

Sorry, if I sound all boggled up and confused : (

Thanks in advance. Priyanka.

P. Venu (Advocate) 03 April 2021

The daughter-in-law and the grandchildren are not legal heirs to the deceased person. As such, there is co cause for filing a partition suit, as matters stand now.