quesCan my daughter claim share in her father's ancestral property?

I need to claim maintenance from my husband who is a Govt. servant and does not give me any money for household expenses and my daughter. I’ve been married for 2 years now and my husband’s first wife had expired before marriage. He has 1 son and 1 daughter while I have a 1 year old daughter. My husband has an ancestral property.

 

Does my daughter have a share in that property? How do we put a stay order on that property as I am afraid that he might sell it off? I do not want a Divorce.

 

  • ans 

    You are entitled to claim maintenance in law. You should file a petition claiming maintenance for yourself and for your daughter from your husband in the competent court.

     

    With respect to the maintenance, your husband is under a legal obligation to provide maintenance and residence as per his standard for you and your child. You can file a petition u/s 125 of Code Of Criminal Procedure and Sec. 24 of the Hindu Marriage Act.

     

    Regarding the property, which you are saying is Ancestral, it has to be seen whether the property is coming from three Lineal Descendants because if not, then it is not the Ancestral property and your daughter won't have right on the property of birth.

     

    We can ascertain your daughter's inheritance rights once we get the required details.

     

    Kindly contact us for any further details and action.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Divorce Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly