Wife is staying in anseatral property of husband the property is of fa

879 votes

first of all the matter is of property and divorce maintenance alimony and if the property has ownership title then such person has right over property and in divorce maintenance alimony case wife has the right over the husband property limited to the share of husband from given property and also for the maintenance alimony thank you ADVOCATE SUBODH INGOLE

Advocate Subodh Ingole LawRato

610 votes

As an advocate, Under Indian law, the father-in-law, along with other legal heirs, can sell the ancestral property if all 10 co-heirs consent; however, the wife generally lacks a direct right to prevent this sale, as her primary rights relate to maintenance from her husband or a residence order under the Domestic Violence Act if it's a shared household, rather than a direct claim on her husband's ancestral property during his lifetime. While the husband's offer of INR 10,000 is a separate negotiation, the wife can still create significant problems for the sale, such as obtaining a residence order under the DV Act, initiating litigation for injunctions, issuing public notices to deter buyers, or alleging the sale is fraudulent to defeat her maintenance claims, thereby complicating and delaying the transaction.

Advocate Mahrukh Khan LawRato

640 votes

If the property is ancestral and has 10 legal heirs, no single person — including the husband’s father — can sell it without the consent of all co-owners. As for the wife, she does not have ownership rights in her husband's ancestral property, but depending on circumstances (like residence rights under domestic violence laws), she may seek a stay or injunction. Since a contested divorce is pending, she may also raise other legal objections. The situation involves multiple legal angles — feel free to reach out for more detailed guidance.

Advocate Nidhi Preetam Banvali LawRato