• Claim on father in law's property

my wife left my home 1 month ago. she is pregnant. i tried my best to bring her back. but she refused to come. she told me that after the delivery she will file case against me for divorce and claim for property for her and for the baby. 
i dnt hv any property by my own
can she claim on my father's property?????????
Asked 2 years ago in Property Law from New Delhi, Delhi
no she cannot claim any share on your father property . try to convince her to come back with help of elders in the family . if your wife files for divorce contest the divorce case if you dont want a divorce .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
it is your father self acquired property . during your lifetime your child cannot claim any share in father property . 

if you also want divorce then do it by mutual consent . it wont take more than 7 months provided you have stayed separate for one year before filing for divorce . 

if your wife is not agreeable to divorce by mutual consent   then fight case on merits . contact a local lawyer . 

based on legal  advice decide your next course of action
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
what are your wife qualifications ? is she working ? if she has been working in past she may not get any maintenance . but you will have to pay for maintenance of your child .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
do not worry so much for a problem which has not come yet.try to understand that every problem has solution.do contact us when ever you face any problem.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
around Rs 5000 for the child you may have to pay . since your wife is earning decent amount she may not get any maintenance
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
wait for her let her file the case,court will not ask you to pay an amount which you can not afford
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
do not worry so much,you will not go to jail have faith.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
focus on your career and in case of any problem contact me i will definetly help you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
for your information even if your wife files Dv case you wont go to jail . in Dv caseshe can claim maintenance, right to stay in matrimonal home etc . court may if it thinks fitt pass protection order in her favour .

if your wife files 498A case for dowry harrasment she has to prove her allegations made in complaint . 98%^of 498A cases are false
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
If you do not have any property of your own then why are you worried. She has no right in the property of her in-laws.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
If you want divorce then go ahead and apply for it on the ground of spousal cruelty. She may be well versed with law, but she is not above it. She can at the most contest your divorce petition by engaging her own lawyer. If there is merit in your case you will succeed.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Even after the birth of your child neither she nor your child can lay any claim on your father's property. Since he got the property from his father it is his self acquired property.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Your wife will not get a penny as alimony as she is earning for herself, albeit you will have to support your child financially.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
You have not committed a murder or robbery. So there is no question of you going to jail. If and when she files the case then seek bail to obviate the possibility of arrest.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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