• Filed 498a, DP and 506 against my husband

I have filed 498a, DO act and 506 against my husband and in laws for their cruelty and torture. I have a nine months baby as well. Does my child have any rights on my husband or in-laws property? My husband has been gifted a property by his mom. His mother in law owns one property given by her mother. My father in law owns a property which is ancestral. Does my child have rights on the properties?
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

He is not having any right on the self acquired properties of your husband and in-laws.

 

As regards to the ancestral property, the child does have a share in it. 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Your child has no share in property standing in your husband name or in laws name 

 

your child has share in ancestral property 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Your child in life of husband or in-laws has no right on there self acquired property but he has right on the ancestral property.

On ancestral property child has right and your can file for partition of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Your  child is entitled for a share in the ancestral property from his paternal side, as he is a coparcener by birth. In other words he has acquired rights over the property when once he was born.

2.  However, your child will not have any right over his paternal side's self acquired property during the lifetime of the owner.

 

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

Yes child have rights in your husbands self acquired property. He has rights only on ancestral property in which his father has share. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Madam,

Wife and child are entitled for only maintenance or alimony. The child have rights over property if such property coming from four generations. However you can take injunction order not to sell the properties of your husband and your father-in-law.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

Your son will have rights only on the ancestral property. If any property is gifted to your husband and his name is entered in records it becomes his self acquired property. On the other hand if your father in law owns a ancestral property and is not transferred to his name your child will have right to claim the property though you will be representing as guardian on behalf of your child

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Wife and child have no right in husband/father/grand parent`s property. Besides  wife/child gets the right to reside in her matrimonial /shared household irrespective of if she has any right, title or interest in it.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hello,

Yes your child have a right on the ancestral property and if you want to claim a share in that property then you may file a partition suit as a guardian on behalf of the minor

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you child has share in ancestral property not in fathers self acquired property. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Your child will not have any rights in the property at least not during your husband's lifetime.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Yes your child have his right in all the ancestral properties of your in laws and his father. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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