Dear Sir, I have a minor son aged about 14 years. I and my husband are separated since last 2 years. I have filed divorce in the year April 2016 and as he is absconding since last 2 years., it is ex-parte I have lost both my father in law(2009) & mother in law (2016) My mom in-law has piece of land in tamilnadu in her name and partial in other's name. She had collected 10 Lakhs in cash from me to buy the same piece of land and didn't return to me until her end of life. I want to log a partition suit case on my child's behalf to claim my money. Please let me know if myself or my child will still have the rights. I want the injunction on the land to happen in-order to claim the share for my child. a. Should I log injunction case separately? b. What would be the procedure? c. How much time does it take for injunction to happen once I file a partition suit case? d. What is the amount usually charged in TN for partition suit cases or injunction cases? e. Can I also log a maintenance case on the same piece of land on behalf of my child to manage his upbringing expenses? Vijaya ========
you and your son have no rights on the property during your husband lifetime
2) on his demise intestate your son would inherit the land
3) you would have no share in land after divorce decree is passed
4) you have no evidence of payment of Rs 10 lkahs to MIL
5) your partition suit would be dismissed
6) no injunction would be granted by court
7) court fees is state subject and varies from state to state
1. Well,since on paper the title of the land does not belong to your child no suit for partition lies. Had she been alive you could have filed the suit for recovery of money.
2. Now when she is dead you cannot file the suit for the same again her son also.
3. Now in other words the money is lost for ever unless her son returns the same ti you.
Pursue maintenance case rather to take care of the child as per income of your husband.
I'm a working women and i've no clue where my husband is working and income details. Can i log a maintenance case on the piece of land owned by my in-law on behalf of my child for his upbringing expenses?
There is no need not know the income of your husband.
State an imaginary figure as his income and let him prove his actual income.
Since you are earning you are not entitled to maintenance for yourself though your child is .
you can file case for maintenance of your child
2) if husband does not appear court can pass ex parte orders
3) you can seek to attach property in his name if he fails to clear the dues
4) you cannot log maintenance case on land owned by MIL for your child upbringing expenses
Please let me know if myself or my child will still have the rights.
I want the injunction on the land to happen in-order to claim the share for my child.
a. Should I log injunction case separately?
Your minor son has no share in the property during the lifetime of his father.
b. What would be the procedure?
See above answer
c. How much time does it take for injunction to happen once I file a partition suit case?
It may take at least another two to three years for disposal.
d. What is the amount usually charged in TN for partition suit cases or injunction cases?
The court fee and the lawyer's fee can be enquired from the same lawyer.
e. Can I also log a maintenance case on the same piece of land on behalf of my child to manage his upbringing expenses?
No
I'm a working women and i've no clue where my husband is working and income details.
Can i log a maintenance case on the piece of land owned by my in-law on behalf of my child for his upbringing expenses?
You can seek to put charge on the property owing to the present environment