• Rights of daughter

My husband has left the house one and half year back and till now has not even given a pie for his daughter can I claim maintenance, education,health,marriage and share in the property owned by him for my daugher

please reply
Asked 4 years ago in Family Law
Religion: Hindu

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24 Answers

you can file DV case against husband seek alternative accommodation , maintenance for your self and daughter , compensation for mental torture undergone by you

2)you cannot claim share in his self acquired property for daughter

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

you can file declaratory suit that you are owner of 75 per cent of property as you have contributed 75 per cent of property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Yes both the mother and daughter can claim. Morefully the daughter there are judgements to the effect

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

you can in DV case seek compensation for mental torture undergo by you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Firslty, Mam, as you been working then you may not be able to claim maintenance for you, but yes you would surely get maintenance for your daughter.

Secondly, now after the recent amendments in the law of property as per the Supreme Court rulings, daughter would have equal share in the anscestral property.

Thirdly, but, if the property is self acquired then he may have right to not to give to anyone.

Fourthly, where you can claim half of the property on the ground that you also spent on its construction plus also if you go for divorce.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear,

If property in his name, then no value of your contribution in it.

The owner of this house is your husband.

you can only claim maintenance from him.

Yes you can claim your things back, your parents had given him during the time of marriage.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

The law in India states that it is the duty of the husband to take care of the wife and maintain her. But, at times the husband refuses to maintain the wife. In such a situation, the wife can take the matter to the court and ask for her maintenance from her husband. It is not necessary always that the matter on maintenance shall come up only when there is a matter of divorce. Matter can be filed only for maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Client,

It is obligatory on both parents to contribute in child growth,maintenance, education,health,marriage etc. Being working women and if earning good than maintenance shall be refuse to you but not to daughter, still you can claim - no adverse impact if denied.

Your ownership will decide acc. to contribution in purchase of property and accordingly, you hold 3/4th ownership in property and can claim declaration of ownership and possession through court if husband resisted.

Articles given by parents and in laws are your personal belongings which you can recover by filing FIR u/s 406 of IPC.

Word, gesture or act intended to insult the modesty of a woman punishable under Indian Penal Code, file complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You cannot claim the property you can claim maintenance for education and welfare of daughter and yourself.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since you have paid the 3/4 amount in the property yes you can claim the ownership of the home by filing a declaration suit showing transactions of your investment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file a case of domestic violence and can ask for maintenance and compensation for the mental cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes that is stridhan and the same can be claimed by filing FIR under 4006 IPC,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Though you are earning and qualified then also you can file for maintenance based on income of husband and liabilities on you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

For the share in flat to get the ownership of the house you have to file a suit of the declaration in the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can ask for maintenance for your daughter if she is minor or mojir but not earning.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

My husband has left the house one and half year back and till now has not even given a pie for his daughter can I claim maintenance, education,health,marriage and share in the property owned by him for my daugher

please reply

Yes you can do the same, a suit for maintenance under section 125 has to be filed

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

I am working as Private Secretary to Commissioner of GST ,Chennai and we had constructed a house and I have contributed 3/4th amount for the house can Myself and my daugher who is 20 years old get a share in the property please reply

Since you have contributed in the house, you have all the right to claim the share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

He has left us for the second time , first time he had applied for divorce and he himself joined us after 2 years , due to his separation I was totally depressed both the times and facing heavy financial strain and also the neighbours talk ill of me how can he compensate for this please reply

You file a case of divorce and claim alimony for the same

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

can I ask for the things my parents had given him during the time of marriage back

Yes you can file an FIR under section 406 and claim yor stridhan

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Can I claim for maintenance for me

Since you are a working women it will be difficult to claim the same for yourself

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

do I posses 50% share in the property as I contributed for the same

Yes you do have the share in the property

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.. dear client Yes u can claim maintenance for ur daughte's study.. marriage.. and health.. and other expenses...

But as u r well earning women.. so may be maintenance for u.. it tuff .. if u show Ur salary is very low .. not sufficient for u and Ur daughter's day to day expenses...and her studies.. then u can claim for that ..

As ur daughte is 20 years old .. and he deserted u.. 2nd time and u contributed in property.. then u can claim 50% share.

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

You can claim maintenance for you and your child.

You can ask him to pay her medical and educational expenses

But you cannot claim a share in his property even for your minor daughter.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You will not be eligible for maintenance for yourself.

Since your daughter is adult by age and unemployed she can file a case under section125 cr.p.c seeking maintenance.

Is the property jointly owned?

If not then you cannot have any claim in it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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