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Nitin (Law)     18 July 2013

Measures to safeguard parents inheritable property

After reading the news about giving away share in Inherited or Inheritable property to wife after divorce many of you will be already be in shock.

Now after divorce the kids are still your kids but your wife is no more your wife then on what basis Indian law is saying that its your duty to pay her alimony and maintenance and now share on your parents property? If you are not earning and unable to pay enough maintenance and alimony and if your parents live in a house costing crores which they build with their sweat then the judge can ask your parents to sell the house and give your share of property to wife and even if you don't live and care for your parents still the poor old people gets punished for your divorce which is not fair.

The irony is that this being a legal forum i did not see a single person giving free legal advice of how your parents can safeguard their property so none of their daughter in law can get any claim on it.

Yes there are safeguards and remedies and i am waiting for respected legal advisors to list those remedies here so we get blessings from those old parents who don't have to lose their house to cunning daughter in laws.



Learning

 5 Replies

Ramesh (administrator)     19 July 2013

I am not a lawyer, but, I can give one strong remedy.

WILL

the indian law states that every citizen has a fundamental right to make a will & in their WILL they can decided what needs to be done with their self acquired assets.

So, if one has the fundamental right to decide about ones own assets after death, no one can fore them to sell their property & pay to D-I-L.

court cannot take away fundamental right of any citizen in any way.

How can one prove inheritable property? unless some ancestoral forefathers properties are there then it is different.

These are my individual views & would like experts to comment on the same

1 Like

SAM (LEGAL)     19 July 2013

Father in law and mother in law can issue public notice in local news paper stating that they have severed all the relationship with their daughter in law and any person or an individual who enters into agreement with thier daughter in law, then in that case the father in law and mother in law are not responsible for the same for any acts & consequences that may arise in future on any acts performed by the daughter in law. So any daughter in law who will claim inheritable rights in the father in law property will not get share in the property of her husband

1 Like

Udaya Shankar. C (Retired)     19 July 2013

Mr Sam is correct. Self acquired property of father and Mother, D.I.L can not claim.  Parents can give it to any body. It need not be given to son. According the proposed law if son inheries then only it can be given to D.I.L.  Further D.I.L. is going to take care of parents in their old age. Indian laws are such that they will pronounce only laws and rights but not the responsibilities.

1 Like

(Guest)

Dear Author,


You have rightly mentioned here that so far no expert advocate have come to give answers to protect from these biased law after 21 hrs. of your orginal post.But I realy appreciate to other than these big guns who promptly gives advices only for MCD by coughing huge amount had turned up and they smell the sensivity of these questions with helpul strategies.


IN MY VIEWS----FOR BIASED LAW IN INDIA ONLY ONE STRATEGY SHOULD BE THERE "BE YOUR OWN LAWYER & FIGHT FOR YOUR OWN FUNDAMENTAL RIGHTS"

 

Never expect any intense help from anybody as this biased law is only for victims and nobody on earth has come with lawyers or with 498a or dv wife.Har kisi ko aapni ladai khud ladni padti hai koi team banake nai aata......

 

A sufferer......





(Guest)

Sir what if my parents sell their parental property before the bill becomes an act. Then will in that case i have to give her money. 

please reply.... this is very critical for many of us....


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