• Brother wife will get any share whole farm land of 15 acres

Hi Sir, 
We are the 4-sons for my father and we have 15 acres of farm land on the name of my father and mother. My second brother got marriage on 1-year back at my own village and my brother wife family making violence on my family. We are decent and respected position in my village, but my brother wife family making violence with abusing words and they are making irrespective words in front of my villagers publicly . We are loosing day by day respected level on my village and my entire family was not happy and irritating by them, we never got this kind of situation. My brother wife family side (15people) came upon to my house and using the words like we'll kill you, different kinds of rural language abused (seamless) words 

My brother don't have any childrens and Now if we will take diverse for my brother, how much share of brother wife will get the entire 15 acres farm land. How much maintenance charges will give by the court. 

I'm writing this for saving of my entire family and I studied well but I don't know, how to go with law and how can I go through this kind of situation. Kindly help me on this.
Asked 2 years ago in Property Law
Religion: Hindu

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12 Answers

Hello,

at the earliest lodge a FIR against her and the family members. She doesn’t have any right on the said property.

Maintainence will be given considering the capacity of your brother and not father.

father has absolute right on the property and no one can claim the same during his lifetime.

 

regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

No she can not claim share in the property, but she can claim the maintenance. She can go for enhancement of maintainence depending upon the circumstances, particularly the nature of the property and the income from it.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

your sister in law has no share in property standing in name of her in laws 

 

2) even your brother has no share in property standing in name of his parents during their lifetime 

 

3) wife would be entitled to maintenance depending upon husband income 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Hi,

It is suggested that you go for criminal complaints against her family and her apart from filing divorce case. She may be granted maintenance by court and not the share in property because property is on parents name.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Wife have no claim in brother property or family property, she can only claim alimony, 25% of brother net salary which court may also refuse if she found at fault.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

1. Wife has no share on the property of husband.

2. So whether your brother takes divorce or not, she is not going to get any share in the aid farm land.

3. However his wife is entitled to monthly maintenance and if she agrees for one time settlement while doing mutual divorce then she can be paid a lump sum as permanent alimony.

4. In the meantime do lodge complaint with police in writing. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

See your sister in law brothers wife has no right on the property though she can claim maintenance from brother as per his income.

Your brother and your family can file police complaint against the wife and her family and then can file divorce on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

1.    The said Farm Land stands in the name of your father and not in the name of you and your brothers.

 

2. What does your brothet do to earn his livelihood?

 

3. He should now file a divorce suit on the ground of cruelty.

 

4. His wife shall file a maintenance petition for which the Court might directv your brother to pay per month  an amount equal to 1/3rd or 1/4th of his net monthly earnings, in case his wife is unemployed or has no earning to maintain herself.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

Dear sir

The first step your family should take is to disown your brother from every ties with the family in papers so that if she complains against your brother and family then your family can remain safe. 

Secondly your family should file complaint regarding the abuse and fight by family members of your brothers wife. 

Third is that she can't claim any property from your brother as there is no provision that suggest there is right of wife in husband's property in matter of family dispute. 

The only thing she can claim for is maintenance from your brother Nothing else. 

Disowning is for purpose of saving your parents from harassment of court in case of FIR. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Whether your brother divorces his wife or not, his wife will not be entitled to any share in his property or any other property as well. The alimony will depend on the proven income for which she has to produce substantial documentary evidence to claim alimony.

Let his first file divorce case after which you can await the developments including her retaliatory cases against the entire family.

You can discuss with a local lawyer at that time and not so soon

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Brother wife can only demand alimony it's not necessarily that she will get any share from property

Prashant Nayak
Advocate, Mumbai
24933 Answers
58 Consultations

4.4 on 5.0

if your brother is also ready  to divorce her,you can file a divorce petition.

She won't get any share in the property as it's your parents property.In fact ,you people also won't get the share during their life time.So,she can't claim for the share in that property.If your brother get ready to file a divorce case,she can claim only maintenance from him based on his earning capacity and not from the other family members.

So,there is no need to worry about your parents property.

if you want to have peaceful life ,you can a file case against them for creating nuisance and abusing your family in front of the village people.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

5.0 on 5.0

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