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Can my child claim his share in my inlaws property


21-Apr-2023 (In Property Law)

hi i have filed maintenance case , which is pending , my fatherin law , motherin law , brotherin law , ans sister in law is expired , only my husband and his younger sister lives with her children in parental home . They throw me out of house 5 yrs back, my children are with me ( as i am living seperately for last 5 Yrs ) just wanna ask few questions 1 will my children have right in property of my In Laws even if i want to go ahead with Divorce ? 2 can my husband say no to give any thing to my kids as woh apnae aap ko disabled show kartae hai ( he suffers from TB but now fine working

Answers (4)

Answer #1
524 votes
Hey,

Your children will always have the right in the property of your in laws provided the in laws property is a joint family property/ coparcenary property/ ancestral property. If the property which you are claiming for your children is the self acquired property of your husband then he has the right to give it to anyone else as per his own wish and demand. You should contact a lawyer who can explain you the exact difference between a joint family property/ ancestral property and a self acquired property.
Advocate Roshan Santhalia

Adv. Roshan Santhalia

LawRato Delhi | 25+ Answers
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Answer #2
814 votes
Even if you are separated or divorced from your husband, your children are always the rightful owners in your husband's property. Even if you husband says that he is a bankrupt, he is still liable to maintain his wife and children out of his property. So please continue with your maintenance case and fight for your children's rights.
Advocate Manisha Ambwani

Adv. Manisha Ambwani

LawRatoDelhi | 100+ Answers
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Answer #3
676 votes
If its an ancestral property (not self acquired), then for sure even after divorce or you remarrying, your children will have a right to the property of your husband's share/inlaws. So please feel free to go ahead with your divorce. Secondly, maintenance for your children is a matter of their bonafide right and even a share in the property is their right if it is an ancestral property. If it's free hold and has been acquired by your husband independently of his own money, its upto him then as to whom he bequeaths the property.
Advocate Shriya Maini

Adv. Shriya Maini

LawRatoDelhi | 25+ Answers
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Answer #4
599 votes
Before giving the answers of your questions, I need to know many things related to property ownership, by whom or was purchased etc..
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do..
Feel free to revert back in case you need any clarification.
Regards
Advocate Farzana Akhtar

Adv. Farzana Akhtar

LawRatoDelhi | 100+ Answers
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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.

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