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Property rights of wife and minor son after divorce

hello sir

              I took divorce from my husband under section 13-B i.e. by mutual consent. I received Rs 7 lakh as alimony in lieu of my past,present and future maintenance and of my minor son who is 1.5 years old. my son's custody is with me forever. Now i want to know :

can i claim any right in property of my husband or can i claim it on the behalf of my son? actually the property he has is in the name of my father-in-law so its the ancestral property.

I have consulted few lawyers here. some says I can get claim in property and some says that I cannot take any claim now after divorce. So I m confused and want to know the original status.



 19 Replies

Adv k . mahesh (advocate)     06 June 2013

already the court while deciding the alimoney while decide by keeping consideratin of you husband income, property and now if any right means your sons right will be there in ancestral property and your right will be in your husband property means self acquired property 

Reformist !!! (Other)     06 June 2013

You cannot and should not claim from ur in-laws property. Be ethical and have some moral values

kamlanth (sse)     06 June 2013

You have already got divorced and received alimony in lieu of my past,present and future maintenance thenwhy are you thinking to get share in his ancestral property.

I guess you should not get anything after alimony, Please have some moral values and ethics.

satya prakash (Clerk)     06 June 2013

Rashmi Arora : Specify why u took Divorce? why u made ur son to face single parenting? Already u got Alimony then why u want ancestral property?

Keanusathya (Sr Consultant)     06 June 2013

Being a Judge, I feel like issuing an order for confiscating the alimony issued to her along with child custody being given to the child's father. Is she running a business or what? Such an unethical post, I am unable to tolerate this nonsense.

Reformist !!! (Other)     06 June 2013

Really its a business. Spend 1 lac in marriage, stay for 10 days and ask for 20 lacs and after some negotiation will get 10 lacs......
What a profitable business merely in 6 months time u can multiply ur money 10 times and one can do this, without even working .....just sit idle at home, watch tv, have maids and then ask for alimony..
And they want their children to be good human beings.......?? 

stanley (Freedom)     06 June 2013

@ Rashmi 

The lawyers whom you consulted and said that you can get a share in the father in laws property than please tell them to fight the case free of cost for you . And see what is their out come :(

A human being is never satisfied . We dont blame you being a human being and living in the materalistic world your tendency is for Material wealth rather than working  your way of having your own source of income and buying a property of your own which would give you more joy of achievement .

But you being a lazy person and greedy person hence the query for more and more

Crusader (freelancer)     06 June 2013

These kind of women spoilt our Indian society! Never ending greed; looking these women other women get inspiration to abuse the process of law. Punishment for abuse should be very strict to avoid such malicious women!


I think your son has right in his father`s ancestral property but am not sure he can claim it now


everyone who is abusing me, I must tell u whole that I don't want to extract money from my husband. If i had to do it. I would have filed many cases against them. I took divorce because of my mother-in-law dowry's demands and my husband's smoking habits. He lied to me many times. he lied to me before marriage that he didnt smoke bcz he knew that it was my foremost condition not to marry a smoker. then after marriage, he forced me to have early pregnancy just after a month of marriage. When I was pregnant, he swear on his child's name not to do smoking but still he didn't left smoking. He didnt cum to see child after my delivery. nobody from his family came to see my son after his birth. My child was in ICU immediately after birth due to some complications and he survived very difficult but nobody from his family enquired about his well-being. they tortured me mentally so much. they kept me locked in house there and still doubted me for having an extra marital affair. still I didnt file any case and simply took mutual consent divorce. all my streedhan articles were not returned even. they abused my dead father. my single mother spent 15 lacs on marriage plus streedhan articles. but I received only 7 lacs alimony and didnt demand any maintenance for my minor son.

So I m not wrong. So I request you all not to abuse me plz.

they forced me for divorce whereas I didnt want divorce. even on the last hearing, I cried and requested them to compromise for the sake of child but he said he didnt want to see him in his life. he spoilt my whole life. I still love him. even after divorce I did many emails to him requesting him for compromise but then he said he would file a criminal case for mailing him after divorce.

Now if I want to get something which is my right then u all r saying that I m greedy.

plz advice me correctly wat I have asked else plz don't abuse me or say anything wrong.


The author has asked a legitimate question on a law forum...Why the rush to accuse her?Members should recognise this is not a male only forum and its quite irritating that some people are trying to make it so.

kamlanth (sse)     07 June 2013

Money spend by girl side become dowry and amount that should be return on divorced, what about the money spend by boy side. All articles given to bride irrespective from girls or boy side become istreedhan which has to return but even a 200 Rs watch given from girl family become dowry. For that boy and his family send to jail.

Husband and his ancestral prooerty should 50% given to divorced wife(irrespective the property acquired after/before marriage, no matter wife did not contribute single penny) why not  wife and her ancestral property should also divide equally ,Why there are double standard ? Why always a well educated, modern (a girls who knows abt the cases can be filled against husband and his family) girl treated as 'ABALA NARI'

Why do women ask for equality and when It is time to take responsibility  she became “abla  nari”  and should given FREE MONEY.


MANOJ HARIT (LAWYER)     08 June 2013

Let this Forum remain a forum of legal opinions.

Moral policing can be done at some other place.

Every query must be answered "legally"



2 Like

Citizen Kane (manager)     09 June 2013

You are divorced and hence nothing can be done now. Move on with your life and dont look back.