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Raj kumar (Manager)     24 January 2012

Wife's right to husband's property

after 4 years of marriage I had to walk out of my husband's house with my one year old daughter. I am staying with my parents and do not want maintenance.What are my and my child's right to my husband' property in both cases-if I divorce him and in case  I dont divorce him.


 5 Replies

A.VIVEK ADVOCATE (ADVOCATE)     24 January 2012

your child is always having rights over the property, and you are having rights till you get divorce after divorce you have no rights in  your husband's property.  

Adv.R.P.Chugh (Advocate/Legal Consultant (     24 January 2012

Dear Querist, 

Your propreitary rights are only with respect to property acquired by you people after marriage - i.e the property that is jointly owned by you - for eg : Joint Lockers, Flat in Joint Name etc - you wont be entitled to his seperate/ancestral property. 

With respect to the daughter - she is entitled to both ancestral as well as seperate property of her father - and can lawfully claim a share. 

reeti shah (lawyer)     10 February 2012

You do not have right in ancestral property. You have right in the property acquired by your husband. Your dauhter has right in ancestral property as well as in the property acquired by your husband.


Advocate Reeti Shah

Shantilal Pandya ( Advocate)     22 February 2012

 you  are entitled  to  a share in the property  left by your  husband  equal to  a  share  of your  daughter  irrespective  of  the  property   in the hands of your late husband is  self acquaired  or   ancestral . at  the  moment your  huband  died you  inherited  his property  as a  widow and the  propery  is  vested in you   your  subsequant  remarriage  does not  make  any  change  IE  you  are not  divested  of  the  property  which  is  already  vested in you   after the  death of  your  husband 

Advocate Bhartesh goyal (advocate)     26 February 2012

In case you don't want divorce,you have right to reside in your husband's prroperty u/s 17 of Protection of Women From Domestic Violence Act.your daughter has right both in your husband's self aquired property and in ancestral property. 

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