If property is in husband's name

As regards to the child your husband would have to provide Maintanence till she is a major  . You can file an application under CRPC 125 for maintanence of the child . It seems you are a working person as you have mentioned HR than the child expenses would have to be shared by both of you . 

As regards to property you are counting the eggs even before the hen has laid them .Yes his father can change is mind but you dont even have a right to claim his property as i havent seen any law as of date .

I very well know that i cant claim in my husbands property. even if the court pass a stay in these properties, my father in law still can amend it or wat??

so u mean my child can only get maintenance not a right in my husband's property( my husband's property is not self acquired, its inherited from his father who is still alive)

Can someone clear my questions??

Till the time your father in law is alive he can very well amend his will  . In case of any maintanence awarded by the court and the husbands fails to abide by it than his property can be attached ..

Let me set this right :-

1. Thwe will in favour of your husband can be revoked at any time, and even if it takes effect it is seperate/self acquired property in hands of your husband and not ancestral vis-a-vis the daughter. In this regard Supreme Court decision in C.A.Arunachala Mudaliar may be referred to. 2

2. He is under an indefeasble right to maintain the child.

3. Even though you have no rights (ownership) but have ar ight to reside in your matrimonial home.

Good Luck !

Adv. Bharat Chugh

Mrs Susanna , 

From your post it appears that you are staying away from your husband .

1. Did you leave on your own or

2. Did your husband throw you out .

If your husband has thrown you out from the matrimonial house than Mr Bharat's advise is as folows   you  can file a DV case under section 12 of the act and ask for reliefs u/s 19 Residence  ( which is a gender Biased Law with full benefits and luxuries only for women ) and get a restraining order from the court mentioning not to throw you out of the matrimonial house . What does it matter as long as you get to stay in the house .Isnt it ?? when we die we arent going to take our material belongings and go upto heaven   we have to leave everything behind . I hope so your heart has got lighter now and your query has been resolved :-).

Bharat Sir,

So u mean my child cant claim a share in my husbands property which was inherite from his father? so my chaild can ask only for a maintenance???

So their is no question of passing a stay in his property, right?

How can ths property be self acquired as this was inherited from his father?

Dear Mr. Stanley

I was forced to leave the matrimonial home by my Father in law, (my hus at tht time was out of station) presently hez @ his home)ie when i was @ work they locked up the house and left, all my belongings were inside the house and i had a lodge a complaint in the local station and after a period of 10 days they were asked to come back and open the house, but still they didnt allow me to get inside. after which the brainwashed y husbnd and sent me the divorce petition.

I have counselling the coming moth, after the result of it am gonna file DV.

And i dnt thnk he will be able to pay maintenance, as hez unemployed, so how is he gonna pay?? how much i can ask as maintenance...he is living with his parents, presently his aged parents are spending on him.

I am not interested in getting any maintenance for myself, i am worried abt my child...he is an irresponsible guy who dont want to take up any burden in his life!!! what shall i do??

1. As you are earning you would not get any maintanence . 

2. As for the child he would have to pay maintanence .How much would depened on the expenses of the child . How much he is capable of earning etc as there is no hard and fixed rule in india .

3. As to his Divorce petition if it is on flimsy grounds it would not get through and remember contested divorce takes years . If he is unemployed than how would he be able to contest the case and sustain himself with lawyers fees etc .  

4. As you are say that you are worried about your child . Please note  that children of single parents have   a loss of community ,loss of stability ,security and trust, have excessive fearfulness, loneliness, anger, helplessness, poor identity formation and a fear of abandonment . Try to resolve your differences and come to an understanding . Before filing of any DV case ,give him some time to look out for a job. Since once the case is filed the relationship ends  . You should be aware that the child also needs a father .

1.  

I am aware of all this what my child gonna face...but i hav e no choice ...he was the one who filed for a divorec without any serious reasons and that too upon the advise fron his parents he filed for divorce.....

Morover i too think its best to divorce him as he has never shown the loving nature of a father to my kid nor he was a good husband....never he has given me or my child even a single penny for our well being...he is more of a son than a husband...he listens only to his parents as they hate me a s i havnt paid any dowry to them....these problems got fuelled up in our life atlast ended in file ing a divorce...

my husband hasnt earned anythng, as far as the property, it was being inherited from his father, so how come it is said as a self acquired property?? , it seems my child cant claim a share in this said property!!

1 more doubt exists in me , my child is the fourt generation , so cant it be an ancestral property??(My husband 3rd generation)

Property ............property................property..........property......propity. its disappeared .wether  ancestrial or self acquired it has  already been  explained earlier that the child want get a share but the child would only get maintanence. For the child to get ,the law would have to be changed !!!! 

this lady has a eyed on his hubby property becouse she know that he is unemployed and he cant give maintainance and actually she had no need of maintainance as she is working..she want the property only..

Stanley & HK Jain....do u guys know what i am facing., what i have went through.....NO, without knowing the reason please dnt comment like this...u people might be facing many problems as of HK Jain has mentioned That he is a 498a fighter so he has a hatred towards women.....am not asking u guys to show your personal feelings over here in this forum!!

And please Mr. stanley dnt be so rude! if you dnt want to comment on my legal question stay out of this!! i am not forcing you comment on my question!!

Learned forum members i am going through a lot of trauma...so i am clearing my doubts here , as my own lawyer is misleading me!!

As of now You can not get property share from your husband at least untill he dead.

But you can get easily 50% property from your father/brother and maintainance from husband..

File a civil suit to your father and get the property for your child future.

Regards

Hemant

Mrs Susanna , 

When i am telling you the truth you are unable to digest . you asked me hence i replied .If anybody can help you in this Forum and answer your question towards property share for the child  in a manner which pleases you as per the current laws  i would be all the more obliged . 

All i can advise you if your own lawyer is misleading you than take a NOC from him and hold a discussion with the new lawyer you wish to appoint and if he confirms to you that the child can get the property than ask him a time limit too as by when an order would be passed in favour of the child for a stake in the husbands property and take it in writing from him . When the due date has passed please inform me by replying  back on this post i would be all the more happy .Any way God bless you and may you come out of your problems and may better sense and wisdom prevail upon you .