Legal Question in Civil Rights Law in India

I have got the 125 CPRC Exparte order of maintenance of Rs.500/- p.m. against my husband. I have all photos of my marriage and id and address proof and i have also got ro in a domestic voilance act case with my husband to stay in my house till the disposal of the domestic voilance act case although this house has been sold out, i am allowed to stay here at my house.

I have got stay on maintenance on charge on plot of land which has left out to be sold my husband .This is the only land which could not be sold my husband.

I am 56 and my husband is 62. i have a 32 years old son and daughter in law(23) and two grand sons with me. In each and every cases my husband has denies having any relationship with me and my son.

Recently i have also filed the case for declaration of legally married wife .

Just wanted to ask you wheather this stay on charge on the above plot of land which has been left out to be sold by my husband, my son will be able to claim this stay on this plot of land in case of my death as i use to stay ill and i am worried that in case of death of mine my son will be thrown on road by my husband.

Wheather this stay on maintenance on charge will automatically transferred to my son in case of death of mine. These all are ancestoral property and my husband is not ready to give any share to us and my son is the 4th generation since the property had been purchased by our ancestors.

Please Suggest.


Asked on 11/25/12, 9:48 pm

1 Answer from Attorneys
Aileen Marques Independent

The Orders got by you under the Protection of Women from Domestic Violence Act cannot be transferred to your son. He will have to establish his relationship with his father and claim his rights as per succession laws.

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Answered on 12/02/12, 7:46 pm


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