Regarding family law
puneet
(Querist) 09 September 2015
This query is : Resolved
Q1: meri marriage ko 5 saal ho gye hai.main 3 saal se alag reh rhi hu.i have filed case 125c and dv against him.i have 5 year child with me.i
am doing job.mere bache ko abhi koi kharcha nai laga case lgye bhi 2 yrs ho gye hai.kya mera bacha ka grand father or father ki property ka
haqdar hai? .grand father ki death ho chuki hai.
Q2: kya mera koi property me share hai?
Anupam Lahiri
(Expert) 10 September 2015
Firstly, To the property of grand-father, you as well as your son has no right when your husband is alive.
puneet
(Querist) 11 September 2015
Thanks for reply,
Can you please tell me?what are the rights for me and my child?
Someone say, i have rights to take stay on the property. So he can't sell his or (late)father-in-law property till the child will not at the age of eighteen year and after that i can file property case for the share of my child in the property.
and what to do for my own assets like my own jewellery that are on my husband house?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 12 September 2015
U can go for maintenance for both 2) brand fathers property sinced died becomes ancestral property unless gifted or willed
3) you can insist for shelter
4) for jwellery can be claimed if divorce filed
puneet
(Querist) 17 September 2015
Thanks for reply sir.
T. Kalaiselvan, Advocate
(Expert) 19 September 2015
I would respectfully disagree with the views of expert Adv. Jeevan Patil as far as his opinion towards grandfather's property.
The grandfather's self acquired property will not become ancestral property to his grandson irrespective of the fact that he made any arrangement to the property before his death or died intestate.
The author is informed that even her husband is not entitled to a share in his father's property during his life time so the grand child ie., your child will not be entitled to a share in the property even after attaining 18 years of age, you have been wrongly guided by some half knowledge person this way.
You can seek maintenance for your child ( you may not be eligible because you are employed), on the orders granting maintenance by court, if failed to honor by your husband, you can file a petition to create a charge over his property for arrears of maintenance amount.
puneet
(Querist) 21 September 2015
Thanks for reply,
I don't wanna give divorce to my husband for whole life.Is it possible? or for how much time i cant give divorce to my husband?
Nadeem Qureshi
(Expert) 23 September 2015
Dear Querist
you can fight the Divorce case till 10-20 years or more then this.
You may claim residence order, protection order, monetary relief, child custody and compensation from him under Domestic violence case, apart from this you are entitle to get maintenance for your child, the court should passed an interim order against him for child maintenance.
the share in the property of your son is only in the property which is the ancestral, in your husband's self acquired property your son has no right.
Feel Free to Call
puneet
(Querist) 23 September 2015
Thanks for reply qureshi.
Is husband father property is ancestral?
My lawyer said you cant claim anything.Only i can claim is child maintenance and it's upto my husband he want to give maintenance or not for child.
please give me your number so i can call you.
Nadeem Qureshi
(Expert) 23 September 2015
if the property of your husband's father is his father and not his self acquire property then your son can get share in this property otherwise not.
if you father-in-law died interstate then also your son can claim the share.
You husband and you both are liable to pay the maintenance to child, if he will not pay the maintenance to child after court order then the court may issue attachment of property warrant and after that arrest warrant against him and he has to go to jail and will not release until and unless pay the maintenance as per section 125(3) of Cr.P.C.
9953809956, 9899686394
puneet
(Querist) 03 October 2015
Thank you sir,
puneet
(Querist) 03 October 2015
Can you please suggest me what to do?
My lawyer said there is no benefit in maintenance case.He give an example if court order to my husband for pay 5000 maintenance per month or 60,000 per year and he just pay 10,000 at the end of year then court can't force to pay more 50,000 as he said my income is not that much.
What court will do if he don't pay the full amount?
Is court auction his property or send it to jail or anything else?
puneet
(Querist) 13 October 2015
I have changed my lawyer now my new lawyer say i have to give the statement(बयान) again but i already give the statement(बयान).What to do now?
