• Claim of movable or imovale property of inlaws by a divorcee wife

Our daughter in law wishes to file a legal divorce case to our son. At the end of the proceeding, since my son does not own any a property in his name, as per the law of India, can she hold the legal rights to claim her share from my self-acquired movable or immovable properties?
Asked 5 years ago in Family Law
Religion: Hindu

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19 Answers

daughter in law has no share in your self acquired movable or immovable proeprties 

Ajay Sethi
Advocate, Mumbai
94776 Answers
7545 Consultations

5.0 on 5.0

Not, she cannot claim a share in your propeties.

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

As per the Indian law on Hindu Marriage, one year separation is necessary to file a mutual consent divorce

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Your daughter-in-law would not have any share in the self acquired property, whether movable or immovable.

She can only claim monthly maintenance amount from your son. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It is not mandatory for the husband and wife to be separated for one year.

Divorce petition can be filed in the court having jurisdiction, after 1 year of completion of marriage.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

for filing divorce by mutual consent it is necessary that both stay separte for period of one year 

 

2) contested divorce can be filed after one year of marriage 

Ajay Sethi
Advocate, Mumbai
94776 Answers
7545 Consultations

5.0 on 5.0

In your self acquired Property you can give the share as per your will. No one can compel you

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

yes it is mandatory that the separation period should be 2 years.

Property cannot be claimed in a shared household. Courts have also ruled that a daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property. The maintenance of wife is the personal obligation of the husband. As stated in RSA No. 4398 of 2016 in case of Varinder Kaur versus Jitender Kumar and Another. Woman Can’t Claim Right Over Her Father-In-Law’s Property. I can share the judgement with you too.

 

 

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

No daughter in law either divorced or not have no direct right to claim your property.

And further after divorce she cannot claim any property from you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See for mutual divorce separation one is mandatory for contested divorce there are different grounds as adultery cruelty. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

DIL has no claim in inlaws properties and for mutual consent diovrce , pre one year separation must.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

NO. Daughter in law has no automatic right to a property self owned by the father in law. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) Your DIL is not entitled any types of shares in movable and immovable property.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

No she does not have any right over your self acquired property. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

yes it is mandatory in the case of mutual consent divorce and not otherwise 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

She can claim only property which is belongs to  her husband and her husband is sole owner or absolute owner of said property, she can't claim on property other then of her husband

 

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Yes, condition of living one year separate is must before filing DV case 

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Your daughter in law cannot claim rights over her husband's property itself even if their marriage is not dissolved.

Thus there is no question of she claiming any rights over properties belonging to third parties.

You need not be worried in that aspect

T Kalaiselvan
Advocate, Vellore
84975 Answers
2204 Consultations

5.0 on 5.0

Is it mandatory the husband and wife must be separated for a year or more before filing a divorce case in the court of law?

It is not mandatory that they need to be separated physically before filing divorce case, she can file a divorce case even while living with him under the same roof.

T Kalaiselvan
Advocate, Vellore
84975 Answers
2204 Consultations

5.0 on 5.0

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