Can a daughter in law claim share in property of stepmother in law

631 votes

your are right ,you have to file a case for maintenance for your child and also you and also you have a right to file DVC for several reliefs,what is the reason for getting for divorce you have to prove your version. cont..advocate.

Advocate Pathikonda Murali LawRato

816 votes

No. Neither you nor your child have any rights in your husband's step mother's property. Claim for monthly maintenance for yourself and your child from your husband through DV case by filing interim maintenance application in the court.

Advocate B. Srikiran LawRato

993 votes

please clarify if it ancestral/self acquired property ?? if it is ancestral property your child gets the right from the time he is in your womb. But if the property is self acquired by your in-laws then it is upto them to decide,

You get a share (inherit) in your ancestral property by birth.
In case of self-acquired property, you can inherit only on the death of the owner of the property. If your father owns a self-acquired property and also an ancestral property, he has the right to exclude you (son/daughter) from inheriting his self-acquired property. However, he can’t deny your share in the ancestral property.

1. The wife can claim maintenance from her husband and the quantum of maintenance varies from 1/3 to 1/5th of income of husband. The wife can claim maintenance in a case u/s 125 crpc or under PWDV Act.
2. The maintenance case takes time but if interim relief is sought for then the interim order comes within 6 months from the date of order.
3. The case of maintenance has no relation with the pendency of other case like the ones you have mentioned.
4. In maintenance case the wife is not granted with any share in property of her husband. Only monthly maintenance is granted.

Advocate Rajesh Xavier LawRato