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Wife treating mother in a bad manner can she claim share in my assets
10-Apr-2023 (In Divorce Law)
Dear Sir/Madam My wife and I are married for last 12 yrs and have a 10 year old daughter.We are Hindus by religion.I work in a private company and have 2 flats in kolkata.flat 1 is in my name and flat 2 is joint ownership (i was forced to include her name to avoid her threatening behaviour).Emi and downpayment of both flat are paid by me(bank records available).She is not working.She is a honours graduate, able bodied but due to her laziness she never looked for jobs except for a brief period (6 months) when we were abroad. she constantly threatens me that she will legally claim half of all my assets after divorce.Is this possible? She is ill treating all my family members including my 70 year old mother (widow) and does not allow my mother to stay in my flat.She threatens me of dire consequences if i try to discuss about this with her and starts shouting.can my mother raise this in court? She keeps tellng me that she can legally claim 50% of all my assets.
Dear Sir,
Firstly,According to Hindu laws ,she can claim upto 1/3rd of your property but it is upto the discretion of the court whether she is supposed to get that,on divorce.
However,my suggestion to you would be to give your aged mother ,the single ownership flat of yours,via gift deed at first .
Secondly,file a complaint under The senior citizenship act for her well being and maintenance.
Thirdly,
Do not be scared about anyone.Take a stand for your own mother first.Take the responsibility and give her a positive ,well maintained life in her last years.
Firstly,According to Hindu laws ,she can claim upto 1/3rd of your property but it is upto the discretion of the court whether she is supposed to get that,on divorce.
However,my suggestion to you would be to give your aged mother ,the single ownership flat of yours,via gift deed at first .
Secondly,file a complaint under The senior citizenship act for her well being and maintenance.
Thirdly,
Do not be scared about anyone.Take a stand for your own mother first.Take the responsibility and give her a positive ,well maintained life in her last years.
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Adv. Indrani Gupta
Kolkata | 25+ Answers
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recently a higher court has stated that if the children do not behave properly with their parents the parents have every right to throw their children out of their home.
you can immediately change one name of your flat in your mothers name which you only have share. the Joint ones let them be, she will ask for her claim, let the court decide how it will be shared and moreover, yes your mother can file a domestic violence case against your wife for the same.
you can immediately change one name of your flat in your mothers name which you only have share. the Joint ones let them be, she will ask for her claim, let the court decide how it will be shared and moreover, yes your mother can file a domestic violence case against your wife for the same.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Dear Sir, Your mother can moved before court for -1) Claiming maintenance under sec.125 of Cr.P.C, 2) file a case of domestic violence against your wife claiming protection order maintenance etc. 3) Maintenance case under Maintenance of Parents and Senior Citizens Act. Your wife is not legally entitled to get 50% of your assets after divorce. How much she will get is a subject to consideration of adjudicating court and depends upon so many factors.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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It is great problem in our society. In each and family we see this situation. However, She only claim 1/3 of Salary from your Salary for her maintenance. No property she claim according to law. But after your death she will be entitle to get benefit from your Property.
For save your mother, you may gifted your First Flat which is registered in your Name in favour of your Mother, by which she can easily resides there with valid paper. And after it if your wife do anything upon your mother, then your mother can lodged complaint against your wife.
For save your mother, you may gifted your First Flat which is registered in your Name in favour of your Mother, by which she can easily resides there with valid paper. And after it if your wife do anything upon your mother, then your mother can lodged complaint against your wife.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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