Neither you nor your daughter can make a claim on his property till he is alive.

you may file a suit for maintenance for yourself and on behalf of your daughter so that you get monthly amounts from the husband.

Since he has property on his name and as such if he does not pay the amount then in that case the court can attach his property to release the maintainence amount.

Regards

You can claim right to stay in your matrimonial home 

2) seek injunction restraining husband from selling the property 

3) also seek maintenance from husband for your self and child by filing DV case 

You can ask for residence rights in the properties which are owned by your husband as per law, but you cannot claim the properties as alimony.

However, you can claim maintenance for yourself and your child under the provisions of section 125 CRPC. the Supreme Court has held that the husband is liable to maintain his wife and children even if he has no source of income or livelihood. Also, as he is regularly buying properties in his name, you cannot take the plea of no income in court.

- You can very well claim the title in property for yourself in Husband and for child in Parental property.

- Do file the suit in Civil Court and 125 in Family court.

Regards

Vivek Arya

If he is not paying you alimony then you can claim the same. If he pays you alimony and child support them court may not grant you ownership rights in the same

You just file for maintiancne from yuor place, his non earnign status will have no impact on grant of alimony. Court will order acc. to his status and considering his properties. And if he failed to make payment on regular basis as ordered by court, court will transfer ownership of one of the flat in lieu of alimony.

Husband is responsible to bear expanses of both wife and child.

1. Wife has no share in the properties registered in favour of her husband irrespective of whether the properties were purchased by him prior to after marriage. The only right of wife is to reside in the shared household of her husband and claim maintenance from him if she is not self sufficient.

2. You can claim maintenance for yourself and your daughter under DV Act or 125 Cr.P.C.

Yes if he has real estate without working then are his parents rich? If yes then you have a right to whatever is in his name. He should pay monthly maintenance charges and a lump sum amount.

Regards 

Even if husband is not working he is bound to maintain his wife and child 

you are entitled to maintenance from your husband 

File a petition claiming maintenance for yourself and your child as your husband would be liable to pay irrespective of the fact is working or not.

Ok. Then too if he is fit to work and has a house you can move in there and are entitled to maintenance.

So what, husband non working status dose not impact wife`s and daughter`s right of maintenance. Neither you should say in court that he is non earnings.

Just give detail of his property, court will calculate his earning by itself. He haves 3 house, you can easily claim above 30 lacs.

You cannot actually. That's the court's prerogative.

You can only claim an amount which is required for yourself and your child to maintain yourselves, rest court would decide.

alimony is at discretion of court depends upon husband income , standard of living etc 

Dear Sir,

Depending on ones caste, culture, religion and mutual agreement wife has had with her husband, one can opt for Alimony, there are two types … When it's given during the time of the court proceedings, it is a maintenance amount. The second is when it's given after the legal separation. As far as the streedhan is concerned, a woman has exclusive rights over it. Assets she received from her family and her husband's family during the course of the marriage remain hers.

The court decides the amount of alimony/maintenance which is too be paid by the respective spouse after examining various parameters. The income of the spouses, their standard of living and financial status are the factors considered. Both spouse's income, investments and net worth, as well as the financial needs of the individuals are taken into account. "Though there isn't a fixed formula to quantify the amount, generally it is in the range of one fifth to one third of the gross earnings of the spouse who has to pay alimony.

Alimony is a monetary compensation granted to the spouse who is unable to support himself/herself. At least 99% at time its Husband who pays the alimony. However, there have been cases where the court has ordered the wife to pay her husband. In July 2014, a Gandhinagar family court ordered a woman, Rajvinder Kaur, to pay alimony to her husband Dalbir Singh, who had accused her of physical and mental torture

Please be aware that the responsibility of upbringing of the child is the responsibility of husband even if he is not running anything however as the part of alimony is concerned you can claim the alimony amount as you wish which is decided by the court based on your social and economic background the property of the husband cannot be claimed in India however you can claim the amount and it is his responsibility if decided by the court to pay you the amount by what every means means he is getting up the money for payment you can file a maintenance suit in case you are earning enough for your support then claim the support money from your husband for your child and that you deserve apart from the alimony amount at this point of time

He must pay you a lump sum amount based upon what he was previously earning and the lifestyle whoch was enjoyed by both of you.

Regards 

It depends on what you claim as per the capacity of your husband and education you will provide your child. The standard of living offered to you during the subsistence of marriage

If he is not working than alimony may count by renting the property and provide you alimony. For you and daughter at least 15k can be sanctioned by court.

- As per law, you cannot claim any share in his property during his life time, you child can claim in his ancestral property only during his fathers life time , and not in the self acquired property. 

- Under section 125 CrPC, you can claim maintenance from your husband , for child also , on the ground of , that you are not having sufficient income or source of income .

- Further , you should claim your residential right from your husband under the provision of Domestic voilence Act.

- Every husband , whether working or not , is liable to pay the maintenance to his wife and child .

- If he will not pay you the maintenance etc, then his property will be attatched as well. 

- You are not required to calculate, it is the duty of the court to calculate the alimony amount.

- However, whether he works or not hardly matters, being father it is his duty to look after his child hence court will ask him to pay some permanent alimony post your lawyer push for the same.

- If needed you can look for a court order for in-law place accommodation.

Regards

Vivek Arya

A wife cannot claim her husband's property before or after divorce. At most, a wife can only claim money for her maintenance or alimony or maintenance for child. even wife cannot claim property behalf of children during husband lifetime. 

you can file a maintenance case against your husband seeking maintenance under Sec.125 Cr.P.C. You can claim maintenance of your children as well as yourself so that you people can survive. The court surely grants maintenance. 

Deciding the amount of alimony / maintenance is the discretion of the Court.

You file a maintenance case against him, let him answer the court and express his inability, in the meantime you may gather complete details of his existing property as well as the property he is desirous of buying it in the near future.

Then you can file a suit to get the property attached for the purpose of security for future maintenance for your minor child.

Please remember that neither you nor your daughter have any rights for a share in his property at least not during his lifetime however his property can be furnished as security for default in future maintenance, by an order of attachment passed by the court of law on filing a suit in this connection.

The question is not that when he bought the property whether before of after marriage.

The only remedy available befor you is to file a petition to attach his property as security for future maintenance amount.

There is no yardstick to measure the quantum of alimony, you may claim alimony amount on the basis of the reliable information about his income and other sources of income, let him defend with the facts, the court will decide about the quantum after hearing both the sides, on merits.

There is no yardstick to measure the quantum of alimony, you may claim alimony amount on the basis of the reliable information about his income and other sources of income, let him defend with the facts, the court will decide about the quantum after hearing both the sides, on merits.

You can file suit for maintenance against him for you

And a separate suit for maintenance should be filed on behalf of daughter.

Even if court deny maintenance to you the court will grant maintenance to your daughter from her father. 

And in case he refuse to pay maintenance to your daughter then you can file execution petition and claim his property for maintenance of your daughter.