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Susanna Ramoorthy (HR Generalist)     23 June 2013

Property

Dear members,

Pls be kind enough to shed some light to my problems regarding property!

I am a divorcee, gt divorced 2 months back, i have a 3 yr old daughter, during divorce procedures, i havnt claimed for any compensation, as i was damn sure they will not be ready to give me anythng , and i needed a divorce at the earliest....

The problem is my ex husband's family is comparitively rich compared to me, i am from a middle class family...

i need to claim the property for my daughter, am not sure whether the property is in my ex hus name or still in his father's name...my question my ex hus has an elder brother too....can my ex hus father give the entire property to one of his son alone....my ex hus stays with his family, hez physically not well...

even i am nt gettinng a single penny from them for the welll being of the child, as hez unemployed and has many health problems....his fathers property is nt self acquired....we are hindu, keralites...

 

I am worried as my family dosnt possess properties and i have to take care of my child alone, atleast if i get somthng frm them, it wud be a great help for the future well being of my child.

PLS pls........be kind enogh to answer my questions....

 

Regards



 8 Replies

Rajeev Kumar (Lawyer/Advocate)     23 June 2013

Dear querist, From the given query the property of father in law is ancestral so you should file a partition suit on behalf of your children and if your husband has any selfacquired property in which you have no right.

Jayendra Sevada (Advocate)     23 June 2013

You may claim on behalf of your child in the ancestral property. Your fater-in-law has no right to transfer the entire property in the name of one child when it is an ancestral property. What all is required is the third generation as per Hindu Law and your child is the third generation, therefore your child has all right in the property.

Susanna Ramoorthy (HR Generalist)     24 June 2013

Thanks a lot @ Jayendra; Rajeev Kumar

 

Regards

narendra.s.p (Chief Manager(Law))     25 June 2013

It is better to approach the Women's Commission for immediate relief

Jayendra Sevada (Advocate)     26 June 2013

The releif which is claiming under this thread can only be achieved by way of approaching Court and not women commission.

Susanna Ramoorthy (HR Generalist)     26 June 2013

I happened to speak to my advocate, i dnt unserstand y he keeps saying that their no rule of transfering father in law's property even if its ancestral to the grand child. he says the rule was  some 20-30 yrs back and all tht kind of stuff....

he says if their is some property registered in my ex hus name then only my daughter can claim, as of the situation my ex hus dosnt possess anythng, watever is there, all is in my ex father in law's name which is NOT self acquired.

 

Can anyone please mention here, the rules or ACts watever it is, so tht i can pass on this information to my advocate, who seems to be blank in this  matter!!

 

And of now, what should  tell my advocate to do??

Pls help me.....

Regards

Jayendra Sevada (Advocate)     26 June 2013

Dear Ms. Ramoorthy,

 

It is suggested to approach some other counsel, who can help you out in the given circumstances. The Indian Succession Act applies in the present case.

1 Like

Susanna Ramoorthy (HR Generalist)     28 June 2013

Dear Mr.Jayendra/learned members

first of all pls dnt get agitated from my questions, i spoke abt this particular matter to 3-4 advocates, all of them r giving me different opinions, thts the reason i am seeking advice again and agained from Lawyers Club...so pls bear it...

As per the information regarding the Succession Act, i had a brief talk with my advocate, this time he briefed me, that if my ex father in law had received the  so called property before 1974 (from my ex in law's father), then and only my daughter has the right for it, as he says Kerala has abolished the Act, which came into effect on 1976 somthng....i dnt knw clearly abt it...

I dnt know when actually my in law has got the Ancestral property....is this true, what my advocate has communicated to me???

I dnt have any other options , bca already people r confusing me.....plz am eagerly waiting for your valuable replies...

 

Regard


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