Legal Question in Family Law in India
Hi this is Kirti rai jain from ambala. i need ur legal advice. i m married in sep 2006 and having a son of 4 years, staying apart from husband since 2008 due to his physical n mental torture. 2 weeks ago, he said in front of my relatives that he wants divorce, although i wanted to go back. but he didnt agree.
now if i go for mutual divorce what would be my and my son's share in his property, salary, FDRs etc. his current salary is 22 lacs per annum+having 10-12lacs FDR (minimum)+ 1 flat (joint registered on my and his name, purchased rate 20 lacs, current rate 40 lacs, 10 lacs loan pending, all EMI paid by him, i paid only initial amount 1.5 lacs) + 1 flat (he currently sold out) + he purchased 1 new flat on his mom's name at banglore. now plz guide me wat would b mine share, as i am working in a bank earning 4 lacs per annum.
can my son claims in ancestoral property?
can i claim maintenance as i m also earning (my salary 4 lacs/annum, his salary 22 lacs/annum)
wat would be my share in joint registrrd flat, can i claim my son's share in that joint registtrd flat?
he sold out 1 flat, and purchased new flat on his mom's name. can we claim in new flat and amount earned by selling flat?
plz reply.
waiting 4 your valuable guidance
Kirti R.Jain
1 Answer from Attorneys
as you are the joint owner in own flat, you may claim the equal share in that. regarding the right of your son in ancestral property, your son has an equal right in that and not less than the right of your husband. you may file a suit on behalf of your son restraining your husband and his relatives from disposing off the property and also seek an injunction order. the suit that is to be filed is the suit for partition and mesne profits. you have other legal remedies as well viz. maintenance, domestic violence complaint etc.
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