• Property issue

My husband made all his property to his sons and part of property to his daughters, he didnt made any property on my name and I dont have any money with me. I am alone with out any support from any body. I need financial support very badly. Please let me know how I can get back part of property from my children. Please let me know how I can proceed legally
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) you can file application under section 125 Crpc and seek maintenance from husband

2) you can also file DV case and seek right to stay in matrimonial home or alternative accommodation , maintenance etc

3) you have no share in husband property

4) you cnnaot claim property gifted by your husband to your children

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. If it was his property then he was at liberty to give it to anyone he desired. The right of the absolute owner to discriminate between his legal heirs at the time of making a settlement/bequest of his property is indefeasible. So you cannot get it back from your children.

2. You are free to file a case for maintenance against him under DV Act. It is his duty to support you financially if you are not self sufficient.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Wife has no right of share in the proeprty of husband.

2.However if her husband does not take care of her regular financial needs and the wife is unemployed then she can file case under PWDV Act or under section 125 crpc for monthly maintenance.

3. She can also claim for right of residence in the house of her husband.

4.The amount of maintenance varies with the 1/3 to 1/5th income of husband.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

You can claim maintenance from your husband if you are forced to live separately away from your husband.

You cannot claim any share from your husband's property during his lifetime nor you can challenge your husband from giving way all his properties to his sons and daughters.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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