Legal Question in Family Law in India
I am married and has one son and my wife has left my house. My child is also with her. I am the only one son of my parents and We are having a agricultural land (Ancestral Property) in village and that land is in my father's name. We are living in urban area. So my questions are : can my wife ask for a share in that land if i take a divorce and when she can claim her share in that land is it when my father sells that property and what if my father don't sell that property ? and if my father sells that property than how it is divided ?
3 Answers from Attorneys
Your wife has no claim over land, whether your father sells it or not.
For a detailed opinion send the facts by email to [email protected]
Agree to Mr.Srinivasan that your wife has no claim over land.
I disagree with the above opinion. Your wife may be entitled to spousal support and may claim a part of your share in the family property. The court may even direct attachment of your father's property to mark a lien against her maintenance amount that may be adjudged.
She may also file a complaint against you and your father under POW DVA and claim a share in family property.
You are advised to settle the dispute amicably and avoid litigation.
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