Daughter-in-law can claim share in father-in-law's property,if husband says that he has nthng 2 give
dolly
(Querist) 29 December 2014
This query is : Resolved
My father-in-law has property worth rupees approx 3cr. that's y husband does nothing,at the time of marriage my husband's father supported him financially n took responsibility of mine too in front of my father. after marriage my husband n in-laws stared demanding four wheeler n flat,due to inability to give such luxurious item they started physically n mentally torturing me.As a result i filed suit against them under DV Act n Judge has passed order for Rs.1500 only as interim maintenance in spite of showing property details.My problem is,neither my husband nor my in-laws is worrying about me,they are feeling very free n don't even think to come to the court.
1.Can i claim share in my father in law's property(from my husband's share in property)?
2.can i put stay order through the court, in their property so that they can't sale
even a single room without taking permission from me(or without my signature)?
3.should i appeal to the session court against the passed interim order?Or
4.should i file new petition under section 125 n how much i will get under this sec?
Please experts,give some suggestions!
Advocate Kappil Cchandna
(Expert) 29 December 2014
Dear,
As long as your husband is alive, father in law has all rights to do anything and you have no say to it .... But yes file a suit under 125Cr.P.C. And also file for enhancement of the same .....
Kapil Chandna Adv 9899011450
Devajyoti Barman
(Expert) 29 December 2014
Th income of property of your FIL has no relevance while determine your maintenance. Even in case of default of maintenance you can not attach the property of your FIL.
The quantum of maintenance depends upon income of your husband.
Rs.1500/-seems too low an amount. Challenge this in higher court for enhancement or file another maintenance case under PWDV Act.
Dr J C Vashista
(Expert) 29 December 2014
Q 1 &2. No, you cannot have any share in your FIL's property nor you can get a stay order.
Q 3 & 4. Yes, you can file a revision against the interim order and move separately u/s 125 Cr.PC.
What does your lawyer advise, you didnot disclose??
Or
You want to cross-check your lawyer's advise?
ajay sethi
(Expert) 29 December 2014
you have no right on your father in law property . you cannot obtain any stay against sale of property by your FIL
amount of maintenance awarded is v low . file revision against said order
Rajendra K Goyal
(Expert) 29 December 2014
Agree with the expert Devajyoti Barman and ajay sethi.
dolly
(Querist) 29 December 2014
1.At the time of hearing my husband lied to the court that he earns only rs.2000 to rs.5000 by doing labor job n the court has considered his income n passed order,still
could i appeal for its enhancement?
2.When i asked my lawyer about obtaining stay order,My lawyer said 'yes'i can obtain stay against sale of property by my FILaw n also claim 1/5th share in my husband share of property by partition,that'S why i am asking about such possibility?
T. Kalaiselvan, Advocate
(Expert) 30 December 2014
@Author: Your lawyer has misguided you that you can obtain stay and claim 1/5th share in his property. I think he is rather unfit or a person without any knowledge about law. Don't be under such impression and lose your money on such lawyer's fee on the issue by which you will not succeed. As far as the maintenance is concerned it would depend upon the income of husband and not on FIL' wealth or income.
dolly
(Querist) 01 January 2015
Sir,my FIL has landed property along with 3 kirana n dairy shops which has been given for running to his other 3 sons,and my FIL collects all income coming from these shops n distributes among his 4 sons n their family along with my husband. That is why no one(4sons including husband) does any other kind of job,my husband's work is to provide flats built on their landed property,on rent to other people,and collects rent from tenants n hand over to FIL.
In this situation,what should i do in legal manner? please advice me as what legal steps should be taken.
dolly
(Querist) 02 January 2015
please respond.. what legal steps should be taken as they have family business(husband does not work separately )??
ajay sethi
(Expert) 02 January 2015
you wont get nay share in family business income of your FIl . you are only entitled to maintenance from your husband as advised earlier . file revision against maintenance amount awarded
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
You may proceed as advised instead of repeating the same query despite being properly answered.
dolly
(Querist) 03 January 2015
yes sir..thank you all the experts,for your valuable time n advice.
ajay sethi
(Expert) 03 January 2015
thanks for your appreciation
