Divorce and minor sons property share
suman
(Querist) 30 June 2012
This query is : Resolved
Dear Sir, I filed dowry and maintenance case against my in laws. they disowned my husband from property.They are ready to give divorce on around 20 lac rupees.They want son back but I want to send him to hostel as husband is drug addict and lecturer also but they never raise topic of securing my son's property share share.What I want is my sons property share documents in his favour which should be irrevocable as my bro in laws are greedy plus my son in hostel for some years till he become independent.And his custody with me , later they can take my son.My main motto is divorce and son's safety +his secured property. Kindly advise me how can i get this.If any solution there.If any pressure I can put on them for this and stop my life from spoiling due to drug addict.
Adv.R.P.Chugh
(Expert) 30 June 2012
Dear Suman,
if there is any ancestral property then your child has a definite right in that which won't be and cannot be defeated no matter what, divorce or no divorce. He can claim his share whenever by a suit for partition.
Raj Kumar Makkad
(Expert) 01 July 2012
If it is medically proved that your husband is mentally disturbed to such extent to be designated as lunatic then you can get all ownership rights in your favour of in favour of your children from the proper court of law but before moving, you should have proper medical evidence in your support. So far as right in ancestral property is concerned, the same shall be available to your children even if your divorce takes place.
suman
(Querist) 01 July 2012
thanx for your reply Sir.Can I start the process of securing his share by getting stay on ancestral property. I m afraid that if I dont get stay on that property,they will sell that off by permission of my husband.He is taking cough syrup since last 16 years and 8 yrs before marriage.Medically this can be proved I m sure. He take around 4 bottles daily of cough syrup.Can I force them to get the admission done in a specific oxford school and hostel in surat and pay the fee of son.Annual fee is around 1.5 lac and he is earning around 35,000 per month+ extra lecture money.I shall be highly thankful to show me the ray of light in the dark.
Nadeem Qureshi
(Expert) 01 July 2012
Dear Suman
if the property is ancestral and your son is major, he can file a injunction suit against them but if he is minor, you can file a case on behalf of him.
feel free to call
Raj Kumar Makkad
(Expert) 01 July 2012
You can definitely do what you have written in your subsequent query. this is your legal right to do so and none can deny this right.
suman
(Querist) 03 July 2012
Thx for guiding.I shall start the process.I m really thankful to such a forum or club where people help others for nothing.
