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bindu (no idea)     29 March 2011

Right of wife on husband's ancestral property

Learned Experts,

I am seperated from my husband for the past 3 years. We have a son of 8 years.(divorce proceedings are

going on). My husband has inherited ancestral property through a partition deed.

What rights do I have on that property? (my husband is alive)

Can my husband WILL the property to my son and make my mother in law or brother in law the caretaker of

the property till my son attains majority? (husband to be caretaker when alive and MIL or BIL if he were to

die).

I had put IPC 498(a),323,341,504,506 R/W 3 and 4 along with DPA on my husband, MIL and BIL.

If these cases are proved to be false cases in court , will it affect my right over the property?

Can my husband specify in the WILL if I can enjoy the property  or  not ( because I have not taken care of my

inlaws and put false cases aganist him and his family)? Will this be accepted by court?

Please advise

Bindu



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 March 2011

You cannot get any share in your husband's share during his life time.  If son filed a case against his father seeking his share in the ancestral property then you will get one share in that.

bindu (no idea)     29 March 2011

thnaks for the reply.

Can I put a case on behalf of my son now for property?

Or should I wait till my son attains majority?

If my 498(a) case is proved false, will still be able to put case on behalf of my son now.(he is 8 years old only).

Please reply.

Thanks.

Bindu


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