Legal Question in Family Law in India
mr kalra i could not understand after divorce how women can have share in ancestral property she is liable only for maintance please clear
6 Answers from Attorneys
Women has no right in ancestral aswell as self acquire property after divorce she has only maintenance rights until she remarriage
Ancestral property coming from her parents and the part of her share in her husband property ,if the husband dies and not otherwise. The wife can only claim alimony after Divorce and maintenance.
wife only has residence rights in the property owned by husband and after divorce, even loses that right to reside in husband's property as they are presumed dead for each other after dissolution of marriage. after divorce, wife neither has a right in self acquired nor ancestral property of the husband. but the children born out of the marriage have a right in the ancestral property.
you are right, after divorce wife can claim maintenance for her and her children. But children has a right in ancestral property.
first children have right further if u will not pay maintenance then she can attach your property also.
Good luck.