ancestral Property
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
Respected ones,
I have filed a petition for divorce against my husband in Jan 2009. I have valid grounds for the same, but my husband now understands that it is going to be tough for him, as such now he wants to compromise and says that he shall henceforth improve his behaviour and take good care of myself and the daughters. But, my elder daughter has seen and experienced the cruelty which I faced, and also faced by both the daughters. She still remembers the various abuses we were subjected to and often cries. My husband is trying all means to delay the matter, so that he does not have to pay any maintenance. My questions are :
1. How can I get the divorce in the court, at the earliest when my husband is totally non cooperative and does not even turn up on adjournment dates?
2. My husband had demanded monthly access, I am not sure what to do? is it compulsory to give access?
3. My father-in-law has inherited property from his great grand father. The said property has come to him through division and as such it is ancestral property. The property is situated in the State of Gujarat. My elder daughter is 2002 born and younger is 2005 born. Can I ask for share from the proprerty of my father-in-law for both my daughters on behalf of my daughters? Further, do I get a right to ask for a share in my father-in-law's property. Kindly advice and help. Thanking in anticipation.
R.Ramachandran
(Expert) 03 June 2011
Both your daughters (being co-parcenars) having equal share as their father in the ancestral property, can demand partition. The moment they demand partition by sending Registered Letter, he has to do the partition. If he does not do, then they have to file a suit for partition. Surely they will get their share which would be 1/3rd each.
You cannot get any separate share in the ancestral property. However, you can get maintenance from your husband.
R.Ramachandran
(Expert) 03 June 2011
I am sorry, since the partition would be done during the life time of your husband, you will also get one share equal to that of the son/daughter. BUT YOU CANNOT CLAIM A PARTITION. WHEN THE PARTITION TAKES PLACE, YOU WILL GET YOUR SHARE EQUAL TO THAT OF THE SON/DAUGHTER. IN case a share is not given to you, THEN YOU CAN FILE A CASE OBJECTING TO THE SAME.
In this way, all of you will get 1/4th share (not 1/3rd which I stated in my earlier reply).
