What to do in laws disowned wife and child to deprive from property

820 votes

There is no meaning of disowning as such in marriage once they are married they are only separated by way divorce. As you have mentioned that the Husband has filed for divorce and therefore they are not yet divorced. So the question of disowning the wife and the new born baby is not in picture at all and just they have disowned they dont have right to deprive the rights of the wife and baby.

Advocate Dhananjay Ravikant Gangawane LawRato

860 votes

This is my response to you:
1. Disowning may be done with the intention to safeguard oneself from the creditors of the son;
2. Or may be to disinherit the son from parent's property;
3. Infact, in a recent judgement of Delhi High Court, Justice Pratibha Rani has stated that a son has no legal right in the self-acquired property of his parents, unless he has a proof of his contribution towards the acquisition of the property;
4. If the husband has filed for divorce then they should be living separately;
5. Otherwise the court will not grant divorce;
6. Disowning is only on the grounds of morality there is no law to support the act.

Advocate Gowaal Padavi LawRato

893 votes

It's very much clear that all these family members are very much together and showing a wrong picture of disownment. File 498~A ,406 case in police station, file for DV case , also file 125 CRpc in family court. There are more options which can be explored

Advocate Ashley David Cusher LawRato

649 votes

Wife has no rights over the property of her in-laws. Wife can claim maintenance or alimony from husband only. Wife to furnish proof regarding the income of husband and the properties of which he is the owner. In case of the child, child has rights over ancestral properties and properties of his father. Wife can claim share in the properties on death of her husband.

Advocate Namita Kanhurkar LawRato