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Wife right on in laws property


14-Jul-2023 (In Divorce Law)
our house is in the name of my husband's mother and now my husband wants to leave me . what are my rights now according to Indian law ? I am 55 years old and i have one son 23 years old. I m sikh by religion
Answers (4)

Answer #1
941 votes
If the house is in the name of your husbands mother ,then that is her property and you have no right in the property of mother of your husband. After your mother in law ,the house will be inherited by her sons and daughters or as per her Will ,if she decides to make a Will regarding her house .
In case you are also willing to give divorce to your husband and both of you are taking divorce by mutual consent ,you can ask your husband to make arrangement for a suitable house for you and your son or in lieu thereof can ask for a fixed amount as one time settlement for agreeing to give divorce by mutual consent ,which will take care of interest of your son and you .

Answer #2
760 votes
This is basically a tricky query wherein i will be required to have your case in my hand as you need to clear certain aspects of the ownership and marriage in the matter.There is concept of Sharedhousehold as defined under SECTION 2 (S) OF THE PWDV Act, 2005 wherein you have right to shared-household and different property in hand of different family members are treated differently according to the merits of the case. Though, first you need to prove the house to be your shared household and then accordingly you can have different reliefs qua such property. Feel free to contact for the further detailed query on the issue.
Answer #3
621 votes
if its husbands property u can claim a share however as its ur mother in law property then you cant claim share. u need to send them a legal notice and then file a case u/s 125, 24, 10, 12 as the case maybe
Answer #4
849 votes
You being his wife has right of maintenance from him, whether he leaves u or not.
But you have no right on anything which is not transferred to you or alienated to you. And your son being a major can not even ask for maintenance.

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