Husband having affair dont live with us can daughter claim property

795 votes

Hi
You have to first file a case of adultery against your husband and claim maintenance(for and on behalf of your unmarried daughter) under section 125 Cr.p.c
All of you (you, your married daughter and unmarried daughter) are eligible to get the retirement benefits of your husband.
Also you should file a case under Domestic violence and ensure that the compensation claimed by you is equal to retirement benefits.

Advocate Rajagopalan LawRato

744 votes

I think you and your daughters must be nominees in the service register of your husband. First check that. The retirements benefits of your husband will be entirely his own and he can do whatever he likes with it during his life time. Only after his death you and your daughters are entitled to the movable and immovable properties of your husband and that too if does not a WILL bequeathing his properties any other person or persons). In the circumstances , if your service rules permit remove the name of your husband as your nominee and enter the name of your daughters instead. If there are any ancestral properties in the hands of your husband then your daughters have rights over the same. In that case they can seek partition of properties and for separate share in a court of law. There are no details as to nature of properties you and your husband own. If you own properties on your name better gift the same in favor of your daughters or write a WILL bequeathing the properties to them.

Advocate C Hari Prasad LawRato

909 votes

Please file a maintenance case against your husband by your children regarding their maintenance for the time being. Later you may also file a civil case against your husband claiming share in the property.

Advocate N Venkateswara Rao LawRato

849 votes

Dear concerned,
Firstly, as you mentioned that one of your daughter is already married, ask her to have a word personally with her father and try and make him realize his responsibility towards his family. Being a father, he might pay at-least some attention to her daughters words. Else you can file a Maintenance suit for your daughters expenses and for her marriage. Property can come to you and your daughters only after him. During his life, you can only seek maintenance.

Advocate Moizuddin Ali Ahmed LawRato