Legal Question in Family Law in India
Hi , I was married and registered in India in Feb 2002 and after that moved to USA with my Husband.Son Born in US.He has built a house in INDia in the year 0ct 2002. We lived there during our vacation to INDia on 2004 for 1 month. He has filed for Divorce in jan 2009 In INDIA. He is claiming that the house in INDIA belongs to his father and its registered under his name even though my husband has built it under his sole income. Now he is saying I have no rights over the House and I shouldn't claim it as shared household. Is it possible can i claim as shared household and get a share of the property. Father in law is govt employee and he was just earning 7000/month. the house expense was around 30 lakhs in the year 2002 when it was built.
3 Answers from Attorneys
yes, you can claim the equal right in the house but for that you need to prove that the house was actually built by you and your husband. in case the expenses for the same are borne by the husband alone, you can seek stay against him from disposing off the same but you cannot claim your right in it. a civil suit in this regard would benefit you. you may contact the lawyer in india and send a power of attorney to him to defend your case.
Unfortunately you cannot. The matrimonial home was in US and your brief stay with your husband before departure to US cannot make India home of matrimony to obtain orders.
The building expenses apart, in whose name the land is registered? If that is also registered in your FIL name then you can seek other remedies only.
On facts, you can get a decent permanent alimony for yourself and son.
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The property proceedings in this situation may be separated from matrimonial proceedings. You may claim maintenance in the divorce petition filed by him and the court may possible decide the entire issue, including the property dispute, as a one time settlement.
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