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Q.Share of property
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Q. Share of property

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posted 2 months ago

I was living in one of seven flats made by my father in law in hindu ancestral property, for last 12 yrs. My husband left me n 2 kids 5 yrs back, did nt give his whereabouts. Father in law paying us 12000 pm n kids school fees. In my absence On 10 jan 2019, my husband appeared n vacate my flat n shifted my all goods to rented house without my consent. I wont go with him n filled mainenance case. What can i do obtain flat possesion, can i demand share of son n daughters in fatherinlaw property, how much time a legal suit can take... What other things can i do.... Plz advice.
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A. Dear Madam,
It seems the property your father-in-law as such it goes to your husband first and then comes to your children. However you get the possession of one of the flat if you file DV case with following reliefs.

1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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A. Ma'am as you don't want to stay with your husband and he is not taking care of anything. You can take divorce from him and also claim maintenance.
Furthermore, you can claim partition and do away with your share and your children's share in the property.
You can further ask the court to grant divorce and restore how you were previously. Ie. staying in the flat with the Father in law providing 12,000 PM and kids school fee.
Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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A. Dear Client,
You can do is file a suit for claiming maintenance for yourself and your children. Morever when he is living separately for more than 5 years , you can also file a suit for divorce and claim alimony from him . And when the question arises about your children , in that case ancestral property is coparcenary property and the son is a joint owner along with his father. Your son can claim share from his ancestral property.

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 2 months ago

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