Hello, I am inquiring on behalf of one of my close relative. The lady is staying separate from her husband as her husband is alcoholic and there were constant argument , quarrel in her family. She has not taken legal divorce yet. Now there is an ancestral property in the form of farm on her in-laws side .Her husband has one brother and he taking all the advantages of this farm in the form of money , grains produced etc.... Can she claim the property on her name as she is not earning and has responsibility of two of her children. Her husband has not taken any responsibility of kids like providing monetarily help for upbringing. She is afraid that the property will be transferred on the name of her husband and his brother. And after her husband , he could give it to brother. Can some one throw some light on the entire situation and explain how she can claim on ancestral property?
Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided for four generations is ancestral property
3) you cannot claim property in your name merely because you are not working
4) your remedy is to seek maintenance from your husband
5) even if he is unemployed he is bound to maintain his wife and children
Hi, the lady can't claim right over the husband ancestral property but she can claim maintenance from his husband and she can also claim maintenance on behalf of her minor children. So She has to file Petition under Section 125 of the Code of Criminal Procedure before the Court for maintenance.
please be aware that in this case the wife have the rights to ask maintenance for herself and children from the husband only any property which is ancestral property belongs to the husband only and he can only take his claim on the property your friend had no authority to go to the court and ask share in the property even if she is living separately without divorce she is still wife of him and have all the rights as wife in case there is no partition of the property the children will have the right on the property and that can be executed at any time if required
She can only apply under domestic violence Act S. X pray for maintenance and inform about the said land. As her husband is alive she will not have a right in the said land as a matter of ownership. But court can direct him to give her maintenance from that land
Till her husband is alive she can claim for ancestral property but her son's are above 18 years they can claim for partition and take their share or even her husband can take his share by way of partition deed.
Need to now more about family tree of her husband from his great grandfather till his children.
See as far as the property is considered she has no right over it but in case it is ancestral property then in that case she can file a partition suit on behalf of her children.
Dear Client,
She may file a case under section 125 CRPC for getting maintenance from her husband.
Her husband's share will go to the name of his children and wife if the property is not transferred to anyone and there is no will a about the property.
If her father in law makes a will in the name of only one son, then property will be transfered to his name.
In order to decide whether it is ancestral / not, the duration of property which is undivided has to be known.
She cannot claim right / title in said ancestral property.
Not earning / not taking responsibility are not reasons for seeking property.
You can file application before court for maintainance to the children and you also.
Even if the husband is umployed, it is his bounden duty to maintain wife and children.
Dear Sir,
On behalf of her children mother can claim their share in the ancestral property.
It is better to go to Civil court and file for Partition suit and get injunction order against that husband brother restraining him to sell the property.
1. Wife has no share in the property of husband though she can claim maintenance as income of the husband.
2. So you can add the income coming from his ancestral property as his income apart from his regular source of income as well.
3. Had your friend have child in out of this marriage then the child can claim his share in the ancestral property of his father.
1. IF the ancestral property owners (means in-laws) are alive, THEN "nobody" can stake claim on such ancestral property.
2. Further ancestral property CANNOT be transferred /gifted /sold without the mutual consent signatures of all the residual legal heirs.
Who actually acquired the property ? Grand father (in laws) or great grand father ? If In laws than none have any right except husband and brother on in laws death. Wife have no claim.
If great grand father acquired the property than it is ancestral property and your children have claim in it. YOU can demand partition on behalf of children.
And by filling application in court you can demand maintenance for you and children, dosen`t matter whether he earns or not.
She cannot claim the property for herself but she can file suit on behalf of her children if they are minor for share from ancestral Land of the family.
If her children are major then they can file suit for partition of ancestral Land against father and his brother.
She can also file a suit for maintenance against her husband for children and herself.
Hindu law does not grant any rights to wives in marital property, their only chance of getting anything was on an inheritance, as equal share with the sons and daughters, if the marriage was subsisting on the death of the husband. On divorce, of course, even that right to inheritance disappears. Wife has a right only in the deceased man’s ‘‘notional’’ portion. She can’t get her part of “notional” share by partition, she has to wait until partition is claimed by sons or male member of the joint family. After the divorce wife has only one right to get maintenance out of her husband’s property if husband fails to or refuses to maintain.
