• Time limit for claiming a portion of husband"s property by wife

What is the time limit for a wife to claim a portion of husband's property whom she divorced more than 20years back under hindu law? If the husband does not have any property what is the position? can husband claim maintenance and a share of property from her wife if she is well off and since she only applied for divorce and got it  20years back? what about the custody of their only male child and his earnings? Can the poor husband claim for custody of his child (at least for a part of the year) and a part of his earnings?
Asked 7 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) divorced wife has no share in husband property 

2) husband also has no share in wife property 

3) custody of child can be claimed by father or mother 

4) if father is unable to maintain himself he can seek maintenance from his adult son 

Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1) jewellery purchased by husband for his wife would constitute wife streedhan 

2) Family pension is payable to one member of the family at a time in the order and for the
period as under:
a) In the case of a widow or widower, up to the date of death or remarriage,
whichever is earlie
b) When widow or widower becomes ineligible, children below 25 years of age in
the order of their age, up to 25 years of age or till they get married or till they
start earning more than the amount of minimum family pension along with
dearness allowance thereon.

Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
in divorce case husband brother would not be party to the case . 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
What is the time limit for a wife to claim a portion of husband's property whom she divorced more than 20years back under hindu law?

A wife cannot claim any portion of her husband's property during his lifetime whether she is divorced or living with him.






If the husband does not have any property what is the position?

The above is the answer even is he has any property. 






 can husband claim maintenance and a share of property from her wife if she is well off and since she only applied for divorce and got it  20years back?

The alimony claim  by the husband that too after 20 years of divorce may not be maintainable for any reason.





 what about the custody of their only male child and his earnings?

If the divorce has taken place 20 years ago, the child may not be a minor by age hence the question of his custody does not arise.  However the biological father can claim maintenance fro his son if he has no source of income to sustain himself. 





 Can the poor husband claim for custody of his child (at least for a part of the year) and a part of his earnings?

Custody is not possible but he can claim maintenance 

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
IS it compulsory for mother to devide her jewelley (purchased by her late husband who died intestate), deposits she made out of her family pension and pf,gratuity of her late husband for which she was the only nominee, equally among her only two children ie two sons?please clarify.

These are movable properties.  The family pension and pf and gratuity amount belong to the wife.  The jewels given by her husband becomes her own property.

Therefore in the above event the sons may not get any share in any of the above items. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
how can a  brother of the divorced husband be made aloof from litigations of divorce?by partition deed or any other mode? please clarify

What is the brother of the husband does in the divorce or matrimonial disputes. 
If he is entitled to any share in the property he may claim it either verbally or legally. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The legal relationship between spouses gets severed after divorce. Wife ceases to be a legal heir to her husband after dissolution of marriage. So a wife cannot claim succession to the property of her ex-husband. 

2. In so far as the issue of child custody is concerned it can be agitated in the court through a petition for child custody which has to be decided on the ground of welfare of child.

3. The heirs of a deceased Hindu male are his mother, widow and children, each one of whom succeeds equally to his movable and immovable assets in he died intestate. So if her husband passed away intestate then she is a trustee of all legal heirs in so far as the assets are concerned, and hence cannot divide those unequally. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi
1) If the child custody has not been decided at the time of Divorce, the Husband can ask for visitation rights or the child custody within 1 or 2 years from the date of divorce decree.  
2) If the maintenance has not been decided at the time of divorce, the same cannot be claimed now. 
3) With reference to the property of late husband, the mother and two sons are the legal heirs. the property needs to be partitioned in to 3 Shares. 
4) A nominee is the person to whom the bank has the responsibility to inform that the assets of the deceased person are with the bank. 
5) A nominee is NOT a legal heir, but a custodian who holds the property for and on behalf of the Legal Heirs. 
the legal heirs should make the claim to the nominee if the assets of the deceased person are vested with her as a custodian(nominee).
6) Mother need not divide her jewellery (even if it is purchased by her late husband) as any property owned/ possessed by a female is her absolute property. No persons including children can claim the same when the mother is alive. 
7) PF, Gratuity of late husband (Please note in accordance to law, the person when alive should have clearly submitted to his employer on how much of his PF, Gratuity should go to each of legal heir in the event of his untimely demise) will be decided based on the declaration made by the deceased person when he was making contributions to PF and gratuity when he was alive. The PF and Gratuity declaration is a testamentary declaration . So the PF and gratuity proceedings will be decided in accordance to the declaration .
8) The assets and rights of the brother of the divorce husband will not in any way affected by the Divorce proceedings. However if you are apprehensive of any collateral liability arising out of divorce, better to effect a partition of all the assets among the brothers/ legal heirs, before any decree is passed in divorce proceedings.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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no time limit is prescribed under limitation act for claim of maintenance. there is only one condition i.e. wife must be unmarried after the divorce. 

if husband has no means to maintain his divorced wife, maintenance would be paid from the earnings of his ancestral property. 

it is no defence for the husband that he is not earning or has no property. it is utmost liability of the husband to maintain his wife. 

file a case under section  125 crpc for maintenance
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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