stressed human (no destination) 26 March 2014

Will daughter in law get share in father in law's propery

daughter in law wants to ask for property from father in law.

Its father in law own earned property and he has made will to give the house and land to his daughter as that was promised to her during her marriage as streedan.

Nothing in son's name in india. Mother in law owns flat.

Now daughter in law wants to claim the property. How to do that?

They have filed divorce in USA and she claims son had married someone there and came to india to marry her and they again remarried in usa after son divorced the first wife.

can she get an annullment of the marriage in india?

Or the marriage in USA get annulled?

Son owns house in USA in his name.

What is best?

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7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 26 March 2014

daughter in law cannot claim the property of father in law.

DV Act Buster (CEO) 26 March 2014

The DIL cannot claim anything from the FIL in India. But she can claim 50% of husband's USA property.

Advocate Ravinder (Advocate/Attorney) 26 March 2014

A widow DIL can claim maintenance from FIL and nothing more.

stressed human (no destination) 26 March 2014

Could you also please answer the divorce and annulment question Sir.

They have filed divorce in USA and she claims son had married someone there and came to india to marry her and they again remarried in usa after son divorced the first wife.

can she get an annullment of the marriage in india?

Or the marriage in USA get annulled?

DV Act Buster (CEO) 26 March 2014

Your query is very confusing. Cant figure clearly what you want to say. It is much easier to get divorce in USA than india. Even Ex Party divorce can be granted in USA in a few months. She can claim Alimony in USA wherein she will get 50% of total assets of Husband & wife put together. Any contested divorce decree from USA is recognised in India. Ex Party Divorce decree from USA will not be excepted by the Indian courts. Annulment of marriage is possible only if Bigamy can be proved.

stressed human (no destination) 26 March 2014

Sorry DV Act Buster for the confusion

the husband has filed divorce, wife countered and filed for divorce.

Again wife filed for annulement saying husband had married in US before coming to INdia to marry her.

But wife again married in USA to husband. and court is seeing that marriage in USA and divorce for that marriage.

Now wife wants annulement of that marriage and wants to go to india with 3 year old son. and file cases in india against husband.

how to proceed.

T. Kalaiselvan, Advocate (Advocate) 27 March 2014

The DIL cannot claim any share in the property of FIL or MIL or husband, whether during subsistence of marriage or after divorce. She has got right to claim maintenance from husband provided she is eligible for that. The other question about annulment of marriage is totally confusing, better post the question in a clear way so that it can be understood, you are putting too many issues in one question making it difficult to understand, to give a proper opinion.