What is woman's share in husband's ancestoral property


I am planning to separate from my husband on a mutual consent basis after a 20 plus years of marriage. I also have a son who plans to continue staying with his father. My son’s age is 22 years.

During our years of marriage, my husband self acquired 1 flat in Mumbai with his own resources and inherited 2 floors of plotted property in Delhi. While the Mumbai flat was paid for by my husband, on the records it is jointly held by my husband and me. Currently, we are staying in Delhi and I plan to return to occupy my Mumbai flat be filing for separation.

Though, I am expected to also inherit my father’s property, my question is:

A) What can I expect from my husband’s side as part of settlement ( Just 50% of the flat in Mumbai or more)

B) How can I get more and what maximum can I ask for?

C) What would be procedure for sale , if any?

 
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Legal Evangelist - TRIPAKSHA

The new law is not yet in force.

 

It is not known as yet in what form and shape the same would come. Hence any advise would be pre-mature.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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zz

While agreeing for MCD, set the terms & conditions very clear..............what to get how much to get. If these conditions are agreed by both parties, division is final!

 
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Thank you all !

May I request you to just tell me for the time being that as on date, am I entittled to a share in my husband's aquired property ( in our joint names ) or am I entittled to a share in his ancestoral property also.

I guess, the so called amendments may happen or may not therefore, lets like in the present.

 
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Law Consultant

As correctly opined by @Rajiv, the Mutual Consent Divorce petition consists of the terms and conditions on which both parties move to court. If you want anything from your husband then make sure you get it written in the mutual divorce petition. If you cannot get it written, you would be able to get it thereafter.

 

 

//peace

/Saurabh..V

 
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Law Consultant

In above post, read "would" as "would'nt" in last line..

 
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Thank you all !

May I request you to just tell me for the time being that as on date, am I entittled to a share in my husband's aquired property ( in our joint names ) or am I also entittled to a share in his inherited/ancestoral property.

 I guess, the so called amendments may happen or may not therefore, lets live in the present and let me tell you this MCD is not that very complicated.

 
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you have parents Ms. Rani? am sure you were born to SOME parents right? Should your husband also not get a share of your ancestral property.

No. A wife cannot claim parents income or parents property.

P.S I am no advocate but God want to become a judge.


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Freedom

Mrs Shanta if it is MCD than your husband would have to agree to what has to be given to you .As regards to the property which is on joint names its a matter of permutations and combinations . When the terms of MCD are not agreeable than it would be contested . Your plan of occuping the mumbai flat goes very well with todays trend of PWDVA..........:-) ,you would just get residence rights under DV act but not any share in his property.So till you live on this earth you can reside in it and nobody can throw you out but you cannoct  sell the same.Your husband and son too can reside in the same flat at anytime they wish . By the way are you planning of remarrying by any chance as you are asking for a share of the property :-) .I hope i have not offended you by asking this question .Have a nice day !!

 
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go get a life first and then think of property !! 

 
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