• Maintenance and alimony

I am a woman, I married in 2010 . From June 2018 I am living alone with my only daughter . Now, I want to live separately permanently along with my only daughter 8 years old. 
 🌹 My question is, can I get share in my husband's ancestral property? And how much? 
 🌹(My husband have 9 Acers agriculture land. I am unemployed.)
Asked 1 month ago in Family Law from Hyderabad, Telangana
Religion: Hindu

1. You can file the case through the daughter to claim share in the abcestral property. 

2. You may file a case of maintenance and claim monthly amount for your self and for the child also. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Under hindu succession Act you can get the share in his ancestral property only after his death if he dies intestate. You can claim maintenance under domestic violence Act and 125 crpc from him

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

you have no share in husband ancestral property 

 

2) you can claim maintenance from your husband 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

  1. You are entitled only on your husband's undivided share. You aren't a coparcener to the ancestral property. 
  2. Other than that, you can also claim alimony from your husband in a matrimonial petition, and maintenance for your daughter. 
  3. I'm prepared and willing to file the appropriate matrimonial petition as your counsel. (Advocate). But first I require an exhaustive consultation session with you. So you need to visit me. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1104 Answers
2 Consultations

4.4 on 5.0

As per Indian law a wife does enjoy any right other than residency in the property of husband either ancestral or self acquired, during his life time.

I am to  inform you the exact law as it stands on the subject matter irrespective of that fact in whose favour it is. It is no matter how badly you rate me. 

Wife inherits the property of husband after husband dies instestate as per Hindu succession act

So far ancestral property is concerned Hindu female enjoy equal right to her parental property.

Do not keep yourself under misconception.

You can claim maintenance or residency right from your husband in case of divorce or judicial separation but not just living separately at your will. 

People rate me sometime poor if the law position does not come in their favour. I think it is quite natural. 

Kallol Majumdar
Advocate, Kolkata
1397 Answers
2 Consultations

5.0 on 5.0

1. Wife has no share in the property of husband. She has only right of residence in the property owned by husband.

2. The male legal heir upto 3 degree has right of share in ancestral property of husband. 

3. If this agricultural land belonging to your husband is his self acquired property then your son has no share in it.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

If the property is ancestral you will not have right on his property but you can file a suit through your child seeking share for the child and representing the minor. Also you can file a maintenance petition under Sec 125 CrPC claiming maintenance for yourself and your child...

Swarnarka Chowdhury
Advocate, Mysore
1769 Answers
4 Consultations

5.0 on 5.0

See in ancestral proeprty daughter shall have share but for that nature of property had to be ascertained.

You can file for maintenance from husband for your self and daughter you can get same 

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

If property is acquired by great grand father and inherited intestate than your daughter have share in it, not yours.

You can claim alimony for you and your daughter and separate accommodation on rent through court.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

For maintenance & alimony for u & ur daughter u should file for maintenance under section 125 Crpc. As far as ancestral property of your husband is concerned u  do not have any share . But as a heir apparent your daughter has a share in d ancestral property & on her behalf u can demand for d same through legal process.

Sital Patil
Advocate, Kota
51 Answers

Not rated

Hi

You and your minor child are entitled for maintenance from your husband.

Concept of Alimony comes in to picture only if you go for divorce.

You need to justify the reasons for not staying with your Husband. If he files for divorce it will be difficult.

Yes you are entitled to share in your husband's share which he acquires. 

If your are unemployed you can get maintenance and quantum depends on his income and liabilities.

 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

In that case you will get maintenance. You have to take custody of your child and claim maintenance.

Kallol Majumdar
Advocate, Kolkata
1397 Answers
2 Consultations

5.0 on 5.0

You can seek interim maintenance from husband and alimony 

 

also seek maintenance for your daughter 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

wife can't claim husband ancestral property you can claim only maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Alimony is based on economic conditions of the wife and not on cases/counter cases filed by the husband and the wife. 

the husband can avoid alimony if he can demonstrate to the court that 

a) wife had walked out of relationship and 

b) wife is working and has land and building properties that she has earned/inherited.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Neither you nor your child can get any share in his property not at least during his lifetime even though you live separately but remain married to him as his legally wedded wife.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

You can file a maintenance application seeking maintenance for you (if you are not employed) and for your child along with the divorce case filed by him.

Besides you can file a separate maintenance case under section 125 cr.p.c.  for you both.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Still you will get maintenance. Even your daughter will get child support

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

See you should claim maintenance for both for yourself and daughter. The courts shall decide the amount for both.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

If he files for divorce, and that, if you are interested, go for settlement i.e., the case filed by him will be converted to Mutual Consent Divorce and you can get permanent alimony (ASAP) i.e., one time settlement to you.

Need to take call on daughter's issue, the same has to be finalized among your selves.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

If u have a valid reason for staying away from husband court will order for maintenance for you and your daughter after divorce

Sital Patil
Advocate, Kota
51 Answers

Not rated

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