• Property in India

Divorce

My husband and I have been married for 35 years and have lived inUS ever since. He is a still green card holder. I have acquired a citizenship. We are filing for divorce. 
I am familiar with the Law in Us which is 50% of the whole sum, but I am not familiar with the Indian law. So my questions are as follows:

1-My husband owns ancestral agriculture land and an ancestral house in India. His other brother lives in that house and runs the farm. What is my right right on that land and on that house if I get a divorce. 
2- 15 years back he had bought a house in his mother’s name. She passed away two years back and the house was transferred in his name. Since the money was sent from here to buy the hat house, do I have any claim on it. 
3- Do my adult Children have any right on agricultural land in India
Thx
Asked 2 years ago in Family Law
Religion: Hindu

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15 Answers

Yes you will get share in his self acquired property and your children will get the share from self acquired property and ancestral property. Apart from that you can claim for maintenance also but that you will get on the circumstances you are currently in. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

You can only claim alimony. You cant have ownership right in any of his property

Yes children have right in his ancestral property by birth. But if he wants to not give anything from his self acquired property children can't claim it. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You have no share in ancestral land and house in the event of divorce 

 

2) you do not have any share in house inherited by your husband on his mother demise 

 

3) in the event of your husband dying intestate your children would inherit agricultural land in india and the house inherited by your husband 

 

4) during your husband lifetime also children can file suit to claim share in ancestral property 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. You will not have any right over the ancestral landed and house property of your husband in India. However, your children will have rights over the ancestral landed and house property in India.

2.  During the lifetime of your husband, you and your children will not have any right over your husband's self acquired property.

3.  Your son's and daughters will have rights over the ancestral property consisting of agricultural land and house.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

 

  1. A divorced wife forfeits all her rights in ancestral property of husband.
  2. If any amount is contributed by you for purchase of house in India, you do have a right over the house. Such contribution may be direct or indirect like you contributed to clear his any other liability due to which he save funds for purchase of house.
  3. Your children do have right to share the ancestral property of father as his legal heirs.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear client,

 

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce. As per the law, the wife has no right on the property. In the eyes of the judicial system, the property belongs to the person in whose name it's registered. 

A child is entitled to the share in the ancestral property inherited by his father. A divorce between the father and mother does not deprive the child of his/her inheritance rights. Son can claim in biological father's or grandmother's property as their legal heir even after your divorce from your husband. 

 

Thank you.

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. You do not have any rights over his properties that are lying in India on his name as per Indian  laws, whether it was his self acquired or ancestral property, at least not during his lifetime.

2. No, see the above answer.

3. If your husband inherits any property in India and he is reported to die intestate then your children can have intestate succession whether residential or agricultural property.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. As per Indian Law, wife (be she divorced or in matrimonial relationship) and also the children can have no right on the property (ancestral or self acquired) of the husband/father during his livelihood.

 

2. Wife and the children can claim maintenance only from the husband/father as per law.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Yes they have right on your husband ancestral property.

They can claim anytime and their name can be registered on the property. 

You can also claim your share. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

1. Yes children have right

2. Yes

3. Yes

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Agricultural land cannot be transferred in name of your children who are US citizens 

 

2) they can inherit agricultural land on your husband demise 

 

3) you don’t have any claim on the value of agricultural land 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. Ancestral property is defined as the property  the title of which flows uninterrupted for four generations i.e.from great grandfather to great grandchildren i.e. without being interrupted by any will or Deed ov conveyance.

 

2. If the title of the  said agricultural land still stands in the name of your grandfather, then your children can claim share on it being the great grandchildren of the title holder of the land.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Not during the lifetime of your husband. 

2. No.

3. There's no such provision in Indian law. 

If you can't claim any rights in the property then there's no question of any other claim as well.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You have not right in his said ancestral property during the life time of husband , and only children can claim a right over the property , however you can claim alimony from him. 

2. No

3. Yes

Further, reply 

1. Yes , they have right to claim share in the ancestral property only and not the self acquired property. 

2. YES

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear Client,

All your children still have the right on the ancestral home and agricultural land.

Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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