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Neelam Devi (CCE)     13 October 2012

Right for children and me on father in law property

Dear Sir,

I am 35 year old lady I got married in 1991 I have two children one is Son and a Daughter both are minor my husband hurt me and tease me from last 22 year and he don't give any expenses for survive and my father in law don't support me in 2011 I have left my husband because I dont want to waste my children's life because my father in law make new marrige after death of my first mother in law he have two son and a daughter from second wife they don't want to give any claim or expenses for survivr my life and childrens life when i asked my husband for giving any expenses they says that i will not give you and I am going to make a second marrige when I told this story to my father in law and mother in law they don't want agree to give me my right and my childrens right please suggest me is my son having a right to take any claim in his grand father's property or I can claim for the same still now I am living alone and working on 5000 Rs now I am unable to survive mylife with my children in this salary so i want to take my rights please suggest me asap. 



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 7 Replies

Anish Thakur 7018812737 (advocate)     13 October 2012

dear querist ,

you dnt have any claim over the father in laws property so as your son but if the property belongs to ancessotral one then your children have share over it or in that condition if your father in law die intestate, however you can file application before ld court under sec 125 Cr.P.C. for your and children maintainance and your husband is liable for paying that to you.you can also claim for living accomodation and your husband is liable to provide ou that and you have full right to live in your matrimonial house peacefully,feel free to call .

Neelam Devi (CCE)     14 October 2012

Dear sir,

my husband is the first wife son if he is showing unability to give me a claim than who will take my and my children rewsponsibility my father in law will not be responsible for that because he is his son

Neelam Devi (CCE)     14 October 2012

But Right now I am unable because myown father is not helping me they are asking me to do anything without any support how i can go lady court can i go and can apeal for the same that my husband is not supporting me he is fond of drink, and take interest in other womens relation i can not afford his behaviour how i can fight for the property my husband is not a employee he is a simple labour why i am not able to take claim from the side of my father in law i am the first bahu of his family is first wife son's wife or her grand son not laible to put a case against grandfather right now i am living seperate with my children can i go for my right in my father in law house because now i can not afford a rented house with this little salary I am unable to pay initial payment to any private advocate after getting my right in property can i pay a some percent to advocate who will fight for my right is there any advocate working as on pl;ease suggest me.

my husband is the first wife son if he is showing unability to give me a claim than who will take my and my children rewsponsibility my father in law will not be responsible for that because he is his son the property belong to my father in law he has purchased it.
 

Anish Thakur 7018812737 (advocate)     14 October 2012

re4spected querist ,

if your husband will be unable to give you maintenance then court can attcah her future share in the ancessostral property ,however you have full right of living in the matrimonial house,call me on 9459321520 so that i can clear your doubts regarding the court proceedings.

K.K.Ganguly (Advocate)     14 October 2012

1) Your children have equal right on their grand father's property till the same is willed by him to any body else.

2)  How did you maintain you for the last 22 years? It is now difficult to claim for the maintenance from your husband before the Court.

3) File a maintenance case u/s125 of Cr.P.C. giving some logic for not claiming maintenance so far.


(Guest)

Neelam ,

What is stopping you from earning and living your life on your own ?? Firstly if you haven't contributed anything for the property it is not not ethical to have an eye on it even if your husband is no more . If your father-in-law can make a property during his lifetime then why can't you ??? don't you have 02 hands and 02 legs like your father-in-law had ???

Dont find ways to manipulate your bechaargi to grab properties rather than do some positive effort to have a bright future for yourself and your son . And mind it self-earned money will give you far more satisfaction and its not worth living under stress in someone else's grabbed property . Follow the law of Karma ~~~~  

 

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