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Can maintenance be increased if husband is no more


05-Sep-2023 (In Divorce Law)
I got divorces from my HIV husband after 12 years of he getting infected with HIV and later 20000 monthly maintains order to my divorce and his property was attached. now he is no more and his mother is giving me maintenance..can i ask for more maintenance from his mother because she is taken over his property rentals.
Answers (2)

Answer #1
777 votes
If there are children better to file a suit for partition and ask for a share in the husband's property instead for just asking for maintenance.

As per Hindu adoptions and maintenance act a Father in law is bound to maintain a daughter in law and his children. A suit is required to be filed to make a claim.
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Answer #2
596 votes
Now the question of maintenance does not arise, the properties left by your husband and the income derived have to be distributed equally between the legal heirs of your husband, that is if your husband left you and your mother in law as the only legal heirs both will have equal share in properties, you can file a suit for partition if she is not ready to give your share
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