Can I get my father in law properties
02-Jan-2025 (In Divorce Law)
I filed sec9 and my husband filed sec 13 1 ia. Current status is cross examination. My husband is inactive person. No child. I am software employee earning 1.5 lakhs per month. Now I can filed maintenance and can I get property share in my father in law and mother in law properties? They said all their properties gift deed to their daughter recently. Still I get share from their properties?
Hello,
• If the property is self-acquired by the father-in-law, the daughter-in-law has no legal claim to it. The father-in-law is free to transfer it to anyone, including his daughter, via a gift deed or other legal means.
• If the property is ancestral, the daughter-in-law not have a direct claim, but her husband might have a right as a coparcener, depending on the family structure and applicable laws.
Legal Actions:
• The daughter-in-law cannot claim the father-in-law’s self-acquired property directly. However, she can file for maintenance or alimony under Section 125 CrPC or the Hindu Marriage Act if she has no independent source of income.
• She may attempt to challenge the gift deed executed by her husband, but such a challenge would need strong evidence of impropriety.
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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