• Wife is blackmailing me

Hi' sir i have been married since 4 years in which my wife have stayed only 7 to 8 months in my house, she is very arrogant to me and my family.i happend to lose my job and have had health issues as i had to go for my shoulder surgeries twice and one onother surgery of my foot. i have been taking care of my expenditure from my parents property rent. For now i m taking tutions classes for earning.My health is not good enough specially my foot condition that i could do a job.
When we were married it was very clear mentioned that we want a housewife, but after marriage she always argued against it and wanted to do job. 
Last time she came home in end of december she started her job in jan 2018, very next day of her joining she sent our child 2yrs to her parents. when i argued that i want my child back to my house, she and her mother started blackmailing me to leave my parents.our arguement kept on going for some time and then she left the house again by end of jan.
Since than she has not come home she has stopped all lines of communication she wouldnt let me talk to my child. when i go to there home they treat me very badly they blackmail me to leave my parent and do a corporate job only. i can only take tution at my house,as i m not able walk properly. they blackmail me that they will send me to jail by putting false charges.
 sir there main target is my parents property.
Please suggest my my options.
can they really claim my parents propery in the name of my child.
Asked 1 year ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu

Hello sir , if the property of your parents are self Accquired , then no one can claim any right over it .. Secondly , it is advisable to file a section 9 RCR petition ...

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

Your son cannot claim anything in your parents self acquired properties but he can file a suit of partition for share in case of ancestral property as he is a coparcener and has rights in the ancestral property.

You should also consider filing NC in police station of your area against your wife for threatening you to file false cases against you.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

This is my response to you:

1. Immediately file a case of divorce on her;

2. File for divorce under Hindu Marriage Act, under the grounds of cruelty;

3. You must also file for full custodial rights of the minor child and no visitation rights to the mother;

4. You must also tell the court you cannot pay her any maintenance since your foot is hurt and you yourself are living off your parent's money;

5. You must also file a complaint to the police station before she files any complaint.

Gowaal Padavi
Advocate, Mumbai
1819 Answers
2 Consultations

5.0 on 5.0

Dear Client,

No one has any claim in your parent`s property, not even you in their life time.

And you can file for custody of child, at least this way you will get visitation and communication rights.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

1) your child has no share in parents property

2) no need to bow down to black mail tactics

3) you can file for divorce on grounds of mental cruelty

4) seek joint custody of your child

5) if wife files dowry harassment case file petition in HC seek stay against arrest

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

who actually acquired the property and by what mode your parents received the property, intestate succession or through WILL etc.

procure evidence of her adultery, than only,it will work out,

If it`s purely ancestral than it cannot be in parents joint name, but only in your father`s name.

And son will have 1/5th share in great grand father`s property.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Property which has remained undivided for four generations is ancestral property

2) if wife is having affair gather evidence of her extra marital affair

3) file for divorce on grounds of mental cruelty and adultery

4) make her lover co respondent in divorce case

5) wife accusing husband of being gay amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear,

Don't worry as your wife has no right in your father and your self earned property.

and do one thing file divorce case against her on the amount of mental cruelty,adulatory,

and collect evidence against her and her boss and after that file case against her boss also.

File application for your child custody also.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) you can make against her and her family in the police station that blackmailing and provide all details.

2) you do have all rights where and how to live your life in the constitution of India.

3) She is not entitled in your father's property till your are alive.

4) If you filed case against her in the court for adultery that her affair is with Boss.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

Sir first file a Police complaint against the wife and family for intimidation for false cases, further if you want her back file Restitution application before the court if not then can file divorce on ground of cruelty.

Further file for child custody and alternatively pray for the visitation rights.

Further you son cannot stake any claim in the self earned property of your parents or yourself earned property.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Further kindly check the nature of property as An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family

So in case it is ancestral property then the son can claim his share in property depending upon members in coparcenary.

if it is ancestral property she can file a suit for partition on behalf of the son.

Sir gather evidence for the extra marital affair file case on her lover of adultery and a divorce on ground of adultery and cruelty. For evidence can take help of detective agency. Further passing such comments on you amounts to cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

They cannot claim your parents property even in the name of your child.

If they threaten or blackmail, you may ignore their threats.

In case they lodge any criminal complaint then you may obtain AB and challenge their case properly in trial court.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Your father's property even though he inherited it from his father shall not be ancestral property, hence she cannot claim any share in it at least not during your lifetime.

Let she make any allegation against you, the burden lies on to prove it.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

daughter can claim share in ancestral property

2) your wife has no share in property

3) wife can claim alimony from you depending upon your income , standard of living etc

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Your daughter have coparcenary right since birth in ancestral property. Wife has no claim in the property,

Alimony depends on your income.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

See if the property is partition between the generations than it is not ancestral property. Further if it joint property from 4 generations in that case only it is ancestral property.

Daughter have equal claim in coparcenary after 2005 but if the property is partitioned then it looses the nature and it shall be treated as inherited/self acquired she wont have any claim.

See property shall be in name of daughter only wife has no right further she shall only be legal guardian and she wont be able to sell it with permission of court.

They will claim the same amount or more to grab more from you you can contest same and can also put your expenditure before court,

See there are women friendly laws in India but if there is a case where really man has suffered he gets justice too but yes it can take some time.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

IF the property was partitioned, it never acquired ancestral status, than your kid have no claim,

To acquired status of ancestral property, it should be inherited from 4th generation without being divided.

Custody has nothing to do with share in property, even on becoming major, she has no right till your are alive.

Earning wife not entitle to maintenance, lot rulings on court.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

1) if there is substantial differences in your income wife can claim maintenance

2) property which has remained undivided for 4 generations is ancestral proeprty

3) if property has been divided it ceases to be ancestral property

4) custody of daughter 2.5 years old would be awarded to mother . you would get visitation rights

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

No it wont be considered ancestral it is governed by section act Hindu succession act and the daughter shall have no right in the property.

no even if she is in your custody she cannot claim property in you life.

if you are not earning she is qualified and earning she is not entitled to maintenance,

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

If the properties were duly partitioned earlier in any generation then the character of ancestral property stands extinguished from the date of such partition, if so then your daughter will not have any rights in it.

She is not entitled to any share out of your share in the property as a right.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Your wife could claim only maintenance from you by moving the family court of law but it depends on the circumstances.

Also, family of your wife can't claim your parent's property.

I advice you to file a suit u/s 9 of Hindu Marriage Act if you want your wife to be with you at your place or you could file a suit for custody of your children if you don't want your wife or a suit of divorce could also be filed against your wife if you want a legal divorce along with the suit of custody if you want your children along with divorce from your wife.

Santosh Kumar Tiwari
Advocate, Varanasi
6 Answers

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