Legal Question in Family Law in India

inheritance in muslims

hi.we are muslim couple , have a daughter 1 yr old. couple is living seperately and 498A is going on. husband claims of triple talak in my absence in front of 2 witness.

my question is: whether me and my daughter has rights over his property or not? He is the only son in his family, 4 sisters 2 unmarried. 2 niece and nephew living together cz their parents died. Mother in law is alive .

They have huge properties and one of the biggest landlords in the state. Husband and Inlaws still are very greedy and for money broke the marriage this way.

Now i want to claim mine and my daughter's right over his property and his inherited property but i dont know what all he has...i just know they have hug properties which is true. what should be my course of action? and what percentage of share do we(me n my daughter) have in his property?

Will our share be affected by the number of dependants on him?

and what if he buys or puts every property on his mother/sisters name? as he has a habit to do so..even if he buys a refrigerator , he will buy on his sister/mothers name. Please suggest.


Asked on 8/28/08, 10:33 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: inheritance in muslims

Hi,

Instead of concentrating on inheritance, you should consider appropriate action under DVA.

You can complete relief for yourself as well as for your children under DVA including housing, maintenance, properties.

The DVA action should be independent of and separate from 498-A and divorce.

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Answered on 8/28/08, 12:17 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: inheritance in muslims

File a case under Domestic violence act

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Answered on 9/01/08, 2:14 am


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