Claim over fathers property
Mohammed Rizwan Shaikh
(Querist) 11 April 2015
This query is : Resolved
Hi Experts,
A friend of mine was separated for a year, in the meantime she got a call center job for herself as she failed to get support from her family. Later she got divorced approx 3 years back as per Muslim Law. She was being tortured and harassed when she was in Doha-Qatar. Out of their wedlock 2 children were born, girl 20 years old and son 19 years. Her husband got married to another lady but due his greed he even divorced her as she was infertile. Husband is now planning to get marry for the third time. She stays in a rented house along-with her daughter and son. Husband owns two properties in Mumbai and has a good job in Qatar. When she was divorced she did not take any legal action against her husband due to lack of financial support. But now she wants to take revenge for all the tortures and harassment caused by her husband.
What legal remedy she can adopt in order to take legal action against her husband?
How can her children claim their fathers property?
Please help experts, needs your best advice.
Rizwan Shaikh
M/s. Y-not legal services
(Expert) 11 April 2015
law not for taking revenge sir. law for punish the accused, and secure the aggrieved peoples.
and children have their rights over the father's property accordance with law.
my advise to you please get appointment of your local advocate and consult him..
Dr J C Vashista
(Expert) 12 April 2015
At the time of pronouncement of "Talak" did she get her "Mehar"? If not, she can claim it.
Divorced wife and her children are entitled for their maintenance, consult a local lawyer.
Mohammed Rizwan Shaikh
(Querist) 12 April 2015
Thanks Dr. Sahab,
No she did not get her Meher.....under which section can she claim her maintenance......is there any way she can go for DV?
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
She got divorced and after that she kept quite as if that is all she wanted. Now once she saw money, she has become greedy for that hence planning to grab money from him in any way that is possible (?), this is wrong.
Mohammed Rizwan Shaikh
(Querist) 14 April 2015
Thansk so much Experts,
@kalaiselvan sir, let me be precise, she kept quite because she was not in a position to file case and she was new in Mumbai city, she had to take care of her kids. At this instance, she has a good job, and the kids have grown up, moreover her ex-husband is desirous in getting married for the third time leaving her kids in lurch. She don't want anything for herself, she is concerned about her kids and their future. Hope you understand, she just needs a legal stand
T. Kalaiselvan, Advocate
(Expert) 15 April 2015
It is legally settled proposition that nobody can claim a right to a share in the moveable or immovable self acquired property of a different person whatever may be their relationship. Here the wife is divorce long time ago, her children are grown up (adults), the property is self acquired and he is still alive, kept quite for all these years, what is the legal justification now?
Mohammed Rizwan Shaikh
(Querist) 15 April 2015
Well, you have answered my query.....thanks so much......kalaiselvan sir...God Bless...
