• My and my son's share in my husbands property

My husband is a millionaire..He and his family tortured me and threw me out of his house 4 yrs back...i filed 498A against him but he bribed the police and got bail..Now we are onto negotiation...he wants to pay a petty amount and wants me to write that I and my son will not have any share in his ancestral property..Please tel me what are my and my son's right according to law? what should I do?
Asked 2 years ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
Your son is natural legal heir to his father's property. Why your husband has put up such condition is not very clear. Further, apart from police complain you should have filed a suit for domestic violence in court. Take help of some local lawyer. Now it is up to you to decide which option you want to take up.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
it depends upon the offer your husband is giving you . if your husband is a millionaire dont agree to accept petty amount . 

you should have filed DV case and claimed right to stay in matrimonial home or alternative accommodation .you can even now file Dv case and seek maintenance and other reliefs from your husband
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. You son have share in his ancestral property.
2. Even if you write non-claimer letter in respect of his property, your son on attaining his adulthood can claim his share. So do not worry on this account.
3. File case u/s 12 of PWDV Act claiming hefty maintenance to bolster your claim for good sum of final settlement amount. Do not negotiate till you get good amount maintenance in DV case.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
dear client, with 498A, you should filed a case under DV act through which you may many reliefs, maitenence, protection order, residence order, monetary relief, etc. under one roof. if he is a rich person donot agree for petty amount
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
you and your son have rights which can not be challege,do not negotiate with petty amount
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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file case under DV Act. you and your son have rights in his property.put maximum pressure as you can so as bring him to your terms.dont agree for petty amount. feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0

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