family matters family matters

3 years ago

what should an old lady do if her husband is getting pension but not providing enough money to her and he also wants to sell a house which is registered to his name i mean he is not willing to give property to his wife and children .

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.apply for maintenance along with interim maintenance.
children can get property only if its ancestral property otherwise he have rights on his self earned property.
but he can not sell it, if he try to sell it then you add residence order along with maintenance .
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Meenakshi Periyahkaruppan

Responded 3 years ago

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A.You can file a suit under section 125 CrPC for your expenses and get direction from court to credit a part of his pension to your account and if it is ancestral property your children has the right to get a share.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can file a partition suit if it is ancestral property that he is trying to sell.
A Court order can be issued to you granting interim maintenance(from your husband's income) under S.125 CrPC.
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Anik

Responded 3 years ago

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A.Hi,
You can file for interim maintenance under S.125 of the Criminal Procedure Code, the Court can order your husband to set aside a portion of his income to you.
If it is self acquired property, he can do with it as he wishes, but a partition suit can be filed if it is ancestral property that he intends to sell.
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