Can my daughter claim share in her father's ancestral property?


I need to claim maintenance from my husband who is a Govt. servant and does not give me any money for household expenses and my daughter. I’ve been married for 2 years now and my husband’s first wife had expired before marriage. He has 1 son and 1 daughter while I have a 1 year old daughter. My husband has an ancestral property.

 

Does my daughter have a share in that property? How do we put a stay order on that property as I am afraid that he might sell it off? I do not want a Divorce.

 

Answer

 

You are entitled to claim maintenance in law. You should file a petition claiming maintenance for yourself and for your daughter from your husband in the competent court.

 

With respect to the maintenance, your husband is under a legal obligation to provide maintenance and residence as per his standard for you and your child. You can file a petition u/s 125 of Code Of Criminal Procedure and Sec. 24 of the Hindu Marriage Act.

 

Regarding the property, which you are saying is Ancestral, it has to be seen whether the property is coming from three Lineal Descendants because if not, then it is not the Ancestral property and your daughter won't have right on the property of birth.

 

We can ascertain your daughter's inheritance rights once we get the required details.

 

Kindly contact us for any further details and action.

 


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