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uuu (RETIRED)     16 June 2012

Will

Dear all

 I have two sons one is married and one is unmarried  MY daughter in law has put DV case agaist me my married  son and my wief  she has no issue.  the property is self acuquired by me in the name of my wief and my self .I am retired .can she claim in property or can she demand maintenace from  me .will it be  better  if I make will in the name of my youger son whose name is not in the case .  D o m  may 2011



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 June 2012

She can claim maintainance from her husband only. However, as the property is your self acquired then, you can make a will and bequeath it in favor of any person you choose.

uuu (RETIRED)     16 June 2012

thanks Archana g 

 my son has nothing in his name  the shop in which he is working is also in my name due to deprection his work has suffered and his income has come very low  if my son could not pay her maintenace then what court may order he is thinking to close work and wants do service. 

Adv Archana Deshmukh (Practicing Advocate)     16 June 2012

Let him do service if he wants. However, the maintainance will be in accordance with his income and not your property,  And if your daughter in law is unable to maintain herself from her own income then, your son will have to pay maintainance to her.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 June 2012

1. You are not liable to pay maintenance to your DIL.

2. She has a right to residence in matrimonial home. 

3. You should have asked your son to move out with wife and disowned son, when you sensed trouble. 

4. Defend the cases diligently now. 

 

Feel free to talk !

uuu (RETIRED)     16 June 2012

 Archana G

she is house wief and is not interested to do any job . she is living in shared house she misuses electcity by use of AC  for more than 14 hrs if some one ask her to limit use of AC she threaten to call police or to call protection officer . we have asked court that we want to go to Mediation now she is saying she will not go to mediation  and she will not  appear before  mediation then  what court can order. now she is saying  I will     complait  family like your chacha  chachi cousion brothers etc.

Dr J C Vashista (Advocate)     16 June 2012

Your daughter-in-law is the laibility of your son, be clear.

You can get possession of the portion of house your son and daughter-in-law has occupied.

You may make a Will.


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