Does wife have rights on my fathers self earned property
sanju
(Querist) 12 March 2015
This query is : Resolved
I got married in the year 2010 and ever since then have been facing all kinds of problems,she filed false case and compromised the next day,now that case still pending at local court even after B-report was issued from the station where the case was filed,now i wants separation, and she wants 50% share in my fathers self earned property,please let me know if she is entitled for the same,she is working and wants maintenance for self and my kid,she threatening to file false case of sexual harassment against me and my father who 69 years,we stay at my fathers house,can she throw out of our home even after i file for divorce also on grounds of DV,Please advice experts as do not have any other source of information.
P. Venu
(Expert) 12 March 2015
If you are faultless, sum up the wisdom and courage to face minor inconveniences.
M V Gupta
(Expert) 13 March 2015
Your wife cannot claim share in ur father's self acquired properties. Even u cannot have any claim in such properties during life time of father. As regards her claim for maintenance, a working woman cannot claim maintenance, but she can claim for the kid in any proceedings for separation or divorce.
Rajendra K Goyal
(Expert) 13 March 2015
Agree with the advise of expert MV Gupta ji.
sanju
(Querist) 14 March 2015
No sir no step taken by me yet,but the case she had filed last year is still pending and has not been closed yet,My fear is that she has stated that my father was harassing her when i was at work and not at home,any advice on how to prove this false as my father is 68 years and also suffering from prostate cancer,also dear Sir please advice me weather she would be allowed to stay in the same house even after me applying for divorce,as her main intention is to take over the house in which we stay by accusing us of false cases,we do not have any other property.
M V Gupta
(Expert) 16 March 2015
She being the person who made the allegation, the burden of proving the allegation is on her and not on your father or urself. Ur father should simply deny the allegation.As regards her staying in the family house after making such serious allegations, you may have to approach the court to direct her to stay away from the family house. You may have to offer her alternate accommodation. By the by have u not engaged any advocate to defend u people? If not, pl do it.
