My brother-in-law is facing issue in his marriage life. My father-in-law own 14 acre of agricutural land. (7 acre on his name, he has transferred other 7 acre land to my brother-in-law few years back). My wife and his brother are 2 siblings only. My bro-in-law is working in private sector with 40,000 salary. Staying in rented house in Mumbai (no residential property on his name). He got married 3 years back. His wife was qualified teacher, and have higher education than my bro-in-law, but not working after marriage. Now his wife went for first pregnancy to her home and not willing to come back. She always harrased to my in-laws and her husband and giving theretning of domestic violance and dawary case. Her only intention to get married is the property. So immediately after being pregnant, she went back to her home and told that she will not come back. She was forcing to transfer all land to my bro-in-law's name, but fortunately it was not done. Still no legal notice is sent from either side, but I beleive, she is waiting for baby. My wife is not willing to take share from property as of now, but if it is legal requirement to retain the lands, it can be done. So please suggest the best way to retain the property. Both party are not willing to continue marriage life and we don't want child custody too.
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1) your brother in law should execute gift deed for land standing in his name in favour of his sister
2) gift deed should be duly stamped and registered
3) his wife is not entitled to any share in property
4) she can seek maintenance for herself and child
5) she can also seek alternative accommodation
Dear Sir,
Your brother in law may get issue a legal notice alleging desertion and mental cruelty. If after sending legal notice to her if she filed any case or complaint will considered as counter blast. There is no need to divide the properties between your wife and her brother. She cannot claim any share in the ancestral property of your brother in law since wife has no right of share in the property of husband. Further ancestral property means it must come from four generation as such all her proposed wishes are only futile exercises.
See father after partition has transferred the property she or her child has no property share of the property of brother in law or his father.
If both are not willing to continue the marriage it would be suggested that they take a mutual divorce same would be fast and easy there won't be any issue as such.
Can she ask the share from ancestral property for her upcoming child? (Ancestral property was purchased by my wife's grandfather and he passed away. Now the property is in name of my father-in-law and my brother-in-law, I am not sure if it considered as ancestral property for child). What if she doesn't want child custody? Can she force us to keep child, if she planns to re-marry? Child is still not born, is there any advantage to take precautionary action before child born?
Probably she may not be happy in the marriage. Engage seniors in families to arrive at a mutual settlement and file Mutual Consent Divorce to end the disputes permanently.Move on thereafter.
No the property nature is not ancestral and the child has no right on same. See since child will be with her she cannot forecible give you, she can ask for maintenance for child from her husband. See her husband the brother in law can file a NC with police stating that the wife has gone and threatening for false cases.
Property which has remained undivided for four generations is ancestral property
2) as far as brother in law is concerned it is not ancestral property
3) he can execute gift deed for his share in property
4) you can take child custody if wife does not want child custody
Any property that has been acquired by your father in law from his resources, and which as on date stand on his name, cannot be claimed by the wife of your brother in law. She can only stake a claim on assets which belong to her husband.
Your brother in law should institute proceedings for restitution of conjugal rights.
Your brother in law must send her a legal notice, calling her back to the matrimonial home so that she unites with him.
Dear Sir,
The following formula makes you understand what is ancestral property. It is not so easy to get a partition in civil court which three tier system i.e. trial court (2 to 3 years,) Ist appellate court ( 1 to 2 years) and IInd appellate court ( 3 to 4 years. Usually child will be legal custody of mother till 3 to 5 years of the child. For argument sake get issue a legal notice denying parentage of child and it will take some years to decide on the said factor if you takes the matter to the HIgh court. Mother cannot force husband to take child custody.
I got concept of ancestral property from expert's reply. But 7 acre of land is in my bro-in-law's name, which was transferred from my father-in-law 10 years back (The land was purchased by my grandfather-in-law and it was distributed among his 4 sons when he was alive, at that time, my father-in-law got 14 acre and he transferred 7 acre to his son (my bro-in-law) and 7 acres still on my father-in-law's name). My in-laws are still alive. Can she ask from above land which currently my brother-in-law possess for herself or for the child? If she or child are entitled from that 7 acres land, can my bro-in-law gift land back to his father or my wife to prevent sharing, or any other better way?
No the land is received from father and it is also partitioned so it is like self acquired property so nobody can ask share from that 7 acer land neither the wife nor the child in life of brother in law. She is not entitled to the land, yes he can though gift to anyone he wishes to.
Furthermore to prevent them getting land after his death also he can make a registered will.
Wife cannot seek land for herself and child
2) BIL can execute gift deed as mentioned herein above
Dear Sir,
The moment it was distributed among the 4 sons it lost its character ancestral property and it became self acquired property in the hands of the 4 brothers. If they die intestate i.e. without executing any document in respect of that property then their respective legal heirs can claim a share the left out property. After the death of your father in law your wife can claim a share in such property left by your father in law. During his life time your wife cannot claim any share however ask him to execute a gift deed in her favor as done in favor of his son. If your brother in law dies without executing any document then it passes to the about to born child by way of inheritence.
1) Wife is not entitled in ancestral property in father-in-law and husband share till they both are alive.
1. The property stands in the name of your father in law as of now. If he wishes, he can register a gift Deed in favour of your wife conveying the title of the ramaining 7 acres of agricultural land to her. Alternatively, your fatrher in law can retain the said 7 arres in his name. Under no circumstances the said 7 acres of land should be transferred in the name of your brother in law being demanded by his wife.
2. If both of them want to terminate the matrimonial relationship, then they should jointly file a mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing. The custody of the child can be agreed to be kept by his wife and thie can be mentioned as one of the terms of te said MCD petition to be filed by them.
1. The property is not an ancestral property as per the legal definition. It is your father in law's property.
2. However, she can claim maintenance and ask attachment of the said property to secure her receipt of monthly maintenance i.e. to sell it of and take her maintenance from its interest.
3. It is difficult to presume that the mother will not accept the new born child. In that case the child will be very unlucky. The Court might direct her to rear the child till he/she can be sent to an orphanage.
1. His wife or child can not claim share of your brother in law's property during his lifetime.
2. However, they can pray for attachment of the same to secure payment of their maintenance if passed by tyhe Court as explained in my earlier post.
3. Your brother in law should now register a gift deed in favour of your father in law or wife for transferring the title of the said 7 acres of land in favour of the Donee.
Your brother in law's wife cannot claim any rights in the properties that are on his name or on his father's name at least not during his lifetime.
If they want to dissolve the marriage, let them go for a mutual consent divorce, if that is not possible then he can file a contested divorce on the grounds of crulety.
She may wreak vengeance by filing false caes which need to be challenged accordingly by your brother in law accordingly.
The property mentioned b y you do not fall under ancestral category.
She cannot claim any rights in the property for the unborn child or even if the child is born.
About child custody, why are you so anxious even before the child is born, no mother will give away the child just like that hence dont be so curious about it so soon, let it happen, you will get answers then as per the situation prevailing then.
The property now lying on your brother in law's name shall be his own and absolute property.
Neither she can claim any share on her behalf nor on behalf of the unborn child as a right.
The property shall remain on your brother in law's name till his lifetime or till the time he alienates the same.
First of all please be clear that the wife have no right on the property she can only ask for maintenance from her husband as in this case the wife is working and earning salary for herself she will not be eligible for any maintenance.
Of course she will have the liberty to go for the filing of domestic violence and Dowry cases on the husband and his family but in all the cases police is investigation is must before going for arrest and you can go to the court to take anticipatory bail in this regard or you may approach to the High Court for quashing the FIR if lodged
No she can't ask share but can take ailmony for her and child if any.
