Can mother get share in property without filing divorce


Father is having an affair with other woman my mothers medical condition is not good I want to know whether she can ask for share in property without filing for divorce

Answers (3)


131 votes

no she can not. She can file proceedings for maintenance and she is entitled to right of residence but if the property is in the sole name of father, mother can not ask for share before the death or in consequence of divorce proceedings.


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327 votes

If your mother is a joint owner in the property than she can ask for share in the property without filing divorce. If in case she wants to stay separately from your Father she is required to file a complaint under Domestic Violence Act in which she can ask for an order for a separate residence. However the Court will take into consideration all the factors like your Father's income etc before passing the order.

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235 votes

Dear client yr mother can ask share in property of yr father by filling suit for partition in civil court. She can also ask maintenance by filling case under sec 125 of criminal procedure code. For any legal help call me

Adv prasad patil

Pune

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