Legal Question in Family Law in India

hi

Sir,

My sister married in 1989 and had one son and three daughters, to be frank she is mentally, two daughters are with her and staying with us, brother-in-law applied for divorce in 2004. in his work place but we have transferred it to our local court,by appealing in supreme court he is paying 3000/per month for maintains. he has immovable property. What are the best options to get my sister�s share from him


Asked on 6/10/07, 8:16 am

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: hi

wife cannot claim rights in the property during husband's life time unless it is joing family proprty.

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Answered on 6/29/07, 9:36 am
Vivek Mapara Mapara Law Firm

Re: hi

It is absolutely wrong concept that wife can get share in the property of her husband. A wife is olny entitled to her maintenance from the income of husband, and nothing more.

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Answered on 6/11/07, 7:27 am
G. M. Gupta gmguptaandassociates

Re: hi

if you are living sepretly then how you can take share in his property? you will get after his demise only.

for present she is entitled for maintainace. if you are getting divorced then you can claim such things at the time of divorce agreement in the form of alimony etc.

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Answered on 6/13/07, 4:33 pm
rajeshwar sharma rajeshwarnathsharma

Re: hi

You, means wife can not claim share in property of husband during his life time. Wife can claim maintenance for herself and minor childs. For further contect me

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Answered on 6/10/07, 10:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: hi

the children are entitled to a share in their ancestral property;

wife can only seek maintenance; you may also seek permanent alimony. the amount of maintenace can remain charge against immovable property of the husband.

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Answered on 6/17/07, 11:44 am


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