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(Guest)

Matrimonial property

following is my query:

after marriage i went straight to my matrimonial home with my husband..lived there for 2 years with husband..mother in-law and father in-law.... later i came to know that some property case is going on that matrimonial property....my husband told me that his grandfather made a will and gave the entire property to his father..... but his bua filed a case some 7-8 years back......saying that the sign on the will is false and that everyone should get an equal share.since its an ancestral property.... case is pending....

on the other hand my husband has filed divorce and he has mentioned in the petition that this house is on the name of his father.....he has not told the court that some property case is going on this property......

my question is :

1.mere husband ko yeh baat court ko batani chahiye ya main bataun or its of no use ??

2. if in future alimony ki baat huyi toh kya mera share bhi banta hai mere matrimonial home mein ya mera koi right nahi hai?? please tell what all rights do i have on that property......



Learning

 8 Replies

Sanjeev (Lawyer)     05 October 2012

It is no use telling the court about the case on the property. You dont have any right on the property and Alimony is different it would be decided by the court when divorce is granted or mutually between you and your husband if you agree  mutually. It is a long drawn process unless settled mutually.

Tajobsindia (Senior Partner )     05 October 2012

Que.: Do you people have a child out of the wedlock ?
----------------------------------------------------

Agreeing to @ Sanjeev adding hereinunder;

1. You have no right / no share in the ancestral property of your husband as such unless the ancestral property get partitioned between the Hindu Coparcenaries of the Family of which the husband was one of the Coparcener. As you say the will in question is under seize by appropriate Court and hence he is within his right to say in Divorce proceedings what you quoted as aprehension question under your facts. It will make no difference on a sub-judice matter of his family in divorce case even if you file an Evidence Affidavit and or may even file perjury; all these will be summarily dismissed and if he is smart he may even claim "cost" on either/or both of these two filings from your side.

2. Once he getting his share in the ancestral property this share thus becoming his self acquired property and it goes to his legal heir after his death of which his present wife too is his legal heir as mentioned above. However your husband is still alive!


Now, coming to your question straight away, you as a question cannot share in ancestral property claims as being a wife of the Hindu male (your current husband)  at any time and during the passing of a decree of divorce, be it so during Alimony hearing u/s 25 HMA. However the child in question being legal heir gets one share in the property of his father the child can even can get monthly maintenance for self from the father till the age of majority under the various provisions of law as well the child being by birth one of the Coparcener in the Hindu family gets share as Coparcener in the Hindu family, hence, the opening question asked for clarity and hence gets repeated again; Do you people have a child out of the wedlock?

 

1 Like

(Guest)

@ tajobs: no..we don't have a child.......... thanks for the detailed reply........ one more question i was ousted from my matrimonial home......do i have a right of staying in my matrimonial home ?? i mean can my father in-law restrict my entry into my matrimonial home ??  i will have to take the court orders under dv act ?? or i can go  back anytime without the court orders ??

Tajobsindia (Senior Partner )     06 October 2012

 

 

Originally posted by : shalini

 

i was ousted from my matrimonial home......do i have a right of staying in my matrimonial home ?? i mean can my father in-law restrict my entry into my matrimonial home ??
Take: If it is your shared household then under Civil as well as under quasi Criminal Matrimonial Laws you have a right to reside in a shared household, provided your husband is still staying there further he has not been disowned and thus not living there and finally further provided the residence in question is not registered on your In-Laws names. For all above three questions of facts enough judicial pronouncements are already there in public domains.

i will have to take the court orders under dv act ?? or i can go  back anytime without the court orders ??
Take: Two ways to answer your this question; being a lady naturally you will find resistance if arriving alone or be it so tagging a Social Worker and further may be local Police hence always better to arm oneself with appropriate facts based adjudicated Court Order while announcing your arrival at such and such doorsteps.

 

 

 

1 Like

(Guest)

@tajobs: thanks for the reply...... yes its a sharedhousehold........in the petition also my hubby has mentioned the address of that home..... but its quiet possible that now he must have left that house....  i did a mistake may be ..... when i filed dv act case i didn't ask for any such orders of staying in my matrimonial home...... however i want to live in my matrimonial home.......... so can i file any such application now ?? if yes then can you please tell the procedure ??

Tajobsindia (Senior Partner )     06 October 2012

 

Originally posted by : shalini

 

XXX so can i file any such application now ?? if yes then can you please tell the procedure ??

 


1.
Yes, normally they (application) are allowed.
2. Your side needs to first File an Amendment Application and get it allowed.
3. In such Amendment Application your side needs to state that due to such and such reasons I may be allowed to add "Residence Order" as addendum under protection Order(s) and may be allowed to modify my Prayer clause accordingly.

Your Advocate should know all these. Doesn't he ?


[This is my last reply ref. to residence queries by same author] 

Big Iron (Officer)     06 October 2012

I dont know much but courts does not provide residence order so easily.

If your husband is ready to provide you another accomodation, I dont think court will provide you shared household access. Because its sole owner is your father in law.

Adv Aneesh Trivedi 9424449500 (Advocate)     06 October 2012

Shalini what happened to your case ? any progress or any action from their side?

update your progress.


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