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myright (homemaker)     15 February 2012

My right and my childs right

I reside in ahmedabad. I was married to a person in vapi. he has told lies that he is an engineer and his pay is 25000 per month. all this was not true. now i have a baby girl (9months old) and my inlaws have told their son to take a rented place and take your wife and child and live. they have refused to give us any share in their property. Even my husband is siding his parents and said that  he too does not want any property of his father. Sir, they are waiting that my father will give us a house. now we are living in a rented place. but i want my right in that house as i was married there. They cannot throw me out. Sir can i know what rights i have in my inlaws property. My husband does not have any bank balance or house and is earning only 9000 per month. we cannot affort to buy a  house nor can save for the future of our child as all the amount earned by my husband is getting over paying rent. Sir. what are the claims that i can make for my child and myself? does my child hold legal right in my inlaws property?


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 29 Replies

Jai Thakur (m)     15 February 2012

I am not a lawyer but with your permission I would like to present my views.

In todays world when we are talking about gender equality you are interested in ur share in ur in-laws property and at the same time u r scared that ur husband will snatch ur parent's property. 

I agree that u have been fooled by them saying that he is an engineer and earning 25K. But the simple Question that surfaces is what kind of parents will ask their son, DIL and grandchild to move out of the house knowing that he earns only 9000?

If you have a 9 month old baby then u must be married atleast for 18 months now. I dnt know when u came to know that he has fooled you but it cant be that after 18 months u came to know about this!

Agreed that there are all kind of people in the world and maybe they ahve done that with you all. But your self respect and respect for your husband should actualy pull u from going back to them and asking them for money / share in the property. Together 2 of you can build a house, earn enough to support the family.

I have seen families in Mumbai living with 10 - 12K per month.

regards

Jai

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

He cannot ask for share in his father's property at this stage.

After the death of his father, he will get his share by inheritance along with his siblings. 

myright (homemaker)     15 February 2012

thank you sirs for having assisted me.

actually mine was an arrianged marriage. my father saw that the boy has a factory and house and earning well (25K). they said he works in the factory which is theirs. my father did not check as the match was via a relative. after 3months of marriage i came to know we have been cheated and the boy is not doing anything but earning a poor income. but i kept going thinking that at least we have a home to live.. but worst came after i got a child and when my husband only started accusing me of wanting his parents house to live in... i got married in that house then why will i not live there?? after all my husbands pay is so poor, we have been cheated.

my inlaws want to put their whole property on their daughters name who is married and already living in her husbands house. they also want my parents to do the same and get their son a house from my parents. Sir. i already have 2 brothers out of one is married. how can they look at our side for financial help? now i have a child and no permenant residence .. and income is so poor that we will never afford one as we have to even see to our daughers educational expenses which will occur.

even my husband is suppporting them and said to put the whole house on the daughters name.. they are like cheates just waiting to grab from my parents.. they have even asked me to get a house. sir how can this be possible that a girl who gets married even bring money for a house?? i have been badly cheated and dont know what to do.

sir please assist me.. I need to know how to secure my childs future.

myright (homemaker)     15 February 2012

sir also that we have zero bank balance. my husband use to earn and give all the amount to his parents who have captured each and every penny... and how ever they wanted they looked after me... my husband is not even bothered about the child thinking that my father will surely help looking at my plight.

Jai Thakur (m)     15 February 2012

if u dnt want to continue living with ur husband in the rented house then u can move out of the house and live with ur parents and demand for a maintainence. 

your english is good and I guess u r an educated women, u can choose to earn for the child!

myright (homemaker)     15 February 2012

yes sir I am educated, done my BCA and my husband who posed as an engineer is 10th pass..i forgave him and moved on with the marriage thinking that one day things will change for the better but things have got worse. Sir problem is that i am not at my parents place. I have two brothers out of which one is married and the other one is of a marriagable age. I feel like im in my parents house like a hinderance and that i should have right to live in the house i got married? why should i be sticking around here with my kid? I need some type of security .. today parents can support but what later? i will be a beggar trying to make ends meet? is it ok to go on and just consider it my fate? or should i fight back?

Never Give Up (Fighter)     15 February 2012

Cool down. Probably try one or two day outing for improving the bond/relation between husband and wife.


Give some more time @ home and try to express your feelings (not outburst) to your husband. I feel this is not a time to look out for suggestion from this forum.

 

Things will soon fall in place.

 

Note : I feel that your in-laws has already smelled that you are trying something legal on them and they are trying to safeguard them from all aspects. Also are there any pending cases / litigation ?



Ranee....... (NA)     15 February 2012

Dear myright, you have been cheated , and your parents too are responsible for that because it was their duty to make inquiry of the groom.But as you got married and became mother dont think of breaking your home for these materialistic needs.

Your in-laws seems very cunning to extort money from your parents.So if yoy dont want to make them successful then find a job as you hold a professional degree.If you both earn staying in rented house will not be a problem.

By doing so you will become self-dependent, self-confident and of course you will be able to give an appropriate reply to your in-laws.Nobody can snatch your husband and kid's right in your in laws property.Just wait and watch!

myright (homemaker)     15 February 2012

thanks a lot sir for your reply, yes sir every one is blaming my parents also for this foolish act. my husband himself is involved with his parents and said i dont want anything from my parents.. if your parents dont want to help you earn and we will take a house.

 

his parents are the winners then. they have everything they wanted for their daughter. ( she lives in her inlaws house with her husband) and she too is of dominating nature.. her inlaws have left the home for her and her husband to live in and shifted to their native land.


i dont want anything but main thing was only that my child should have got her right in her grandparents property.

Ranee....... (NA)     15 February 2012

Don't be so impatient.Daughter also get equal right in father's property.So you can't do anything for that.If your father in laws property is ancestral then your daughter will always have right upon that.

According to me you should try to become something so that they envy you and repent one day for giving you so much insecurity which became your strenght.Be open minded and bring out your hidden inborn qualities  and make your own identity so that you can maintain your husband too!Dont make competion with in laws in those cheap things.


(Guest)

 

@myright  :(

 

At the first instances it seems that your husband is responsiable to make you pregnant but here  both of you know how your monthly income is  then Why you(both) make such a mistake which can create a problem?



You said,"why should i be sticking around here with my kid? I need some type of security ....."

everybody wants secure life but if the circumstances are worst then dont take any risk like in your cases you have a baby and your  husband 's income is like a nil.So my first advise is;

Be self-dependent as suggested by ranee.

You said,"sir every one is blaming my parents also for this foolish act."

Now forget all this as it happned it cant be changed ,there are many instances so you alone are not suffered . 



Now you said that , "my inlaws have told their son to take a rented place and take your wife and child and live. they have refused to give us any share in their property. Even my husband is siding his parents and said that  he too does not want any property of his father... now we are living in a rented place. but i want my right in that house as i was married there.Sir can i know what rights i have in my inlaws property ?

No.No@My right know your right.

Married adult children need parents consent to stay in their property. 

The law is very much clear and also recently the mumbai hc upheld.





Read this;https://www.lawyersclubindia.com/forum/After-marriage-adult-children-need-parent-permission-to-live-51516.asp





You have done  BCA so  first take care of your baby after some months find  a job  and live happily with your husband.You should not  blame your husband here .

myright (homemaker)     16 February 2012

I totally agree sir. but every girl at least sees that a boy has a house to live in and is earning .. here no education, no earning and then now they say take ur own house??? i was married in that house.. i thought the boy has a house at least. here nothing now.. just we have to start from zero.. this is really unfair for us gitrls.. the boys parents show us house and all and then just after 1 month of marriage tell take ur own house.. in our caste once the boy is married he takes his owh house. then why they did not tell us this first..they should have told us first only.. i would not have married their son in the first place. this is a big cheating done with me..

myright (homemaker)     16 February 2012

I totally agree sir. but every girl at least sees that a boy has a house to live in and is earning .. here no education, no earning and then now they say take ur own house??? i was married in that house.. i thought the boy has a house at least. here nothing now.. just we have to start from zero.. this is really unfair for us girls.. the boys parents show us house and all and then just after 1 month of marriage tell --take ur own house.. in our caste once the boy is married he takes his owh house. then why they did not tell us this first..they should have told us first only.. i would not have married their son in the first place. this is a big cheating done with me..

HK_Jain... (498a Fighter)     16 February 2012

agree with Kushan vyas & Ranee

Adding that you have married with a man not thier property and all..

you are hiding your greed in shed of baby future and security all that.....

my father's elder brother kicked out my father, mother from house and they are just 10th passout my mother is uneducated but they stayed in rented house & struggle alone Now they(my Taoji) appreciate my dad, my mom....

learn a moral...

talk your husband that you ll became his strength to get a standard life, dnt belame him

this is a chance to show a good wife for others who extort thier husband by filled false cases of 498a & dv crpc 125, maintainance & so on...

regards

Hemant

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