I am the first wife not legally saperated but living with my brothers. I have a married daughter and 2nd wife has a son and a married daughter. I heard that in the process of succession my in-laws intend to transfer my husband's share directly my step son's name . Can I be deserted this way? What should I do to get my share?
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Well. wife has no share in the proeprty of husband.
Children has though share in the proeprty of their father but the nature of the proeprty must be ancestral.
So in this case if your husband has got self acquired pre party then he transfer the same to anyone he chooses and neither you nor your children can stop him.
Howeevr you can file case for maintenance from your husband including relief of claiming accommodation for you which your husband to provide for.
If your husband is died intestate with out creating a will or document with regard to property own by himself ,then the right over the property goes to his legal heirs (his legally wedded wife and children s both legitimate and illegitimate). If your husband has joint ownership property then also it has distributed among his legal heirs. So the present situation for getting your share from others file a partition suit . So issue a legal notice for the same immediately. Contact a local lawyer.
You have not mentioned whether your husband is living or no more.
Under the situation it can be presumed that he is not living anymore.
If this is the case, then your in laws have no rights to allot the property to anyone of their choice.
Being the first wife you have full rights in the property as one of the legal heirs. The other legal heirs shall be your own daughter and the son born to his illegal wife, besides his mother.
You can approach court of law seeking partition and separate possession of your legitimate share in your deceased husband's property or share of property.
You should claim right to stay in your matrimonial home
2) seek maintenance from your husband
3) you don't have any share in husband self acquired property
4) as far as property standing in name of in laws is concerned they are free to execute gift deed in favour of step son
Dear Querist
there is no share of your's in the property of your husband either ancestral or self acquired properties till he is alive and if he is not alive and died intestate then you can claim your share in his property.
you may file a complaint before the magistrate Court under Domestic Violence Act-2005 and claim protection, right to residence, maintenance, child custody if any, and compensation under Section 18,19,20,21 & 22 of the Protection of Women from Domestic Violence Act-2005 and also pray to court for passed an Injunction order against them by which the court may pass an order and restrain to them to disposed off the property.
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