Hi sir, I am married for five years and we have a 2 year old son. I have lot many issues with my in laws and proportionally with my husband. now these issues reached the threshold limit. So now am planning to propose for divorce but before that I want to understand what are the rights me and my kid will have over my husbands properties. my husband owns a house and he has some properties which were of his forefathers but they are not dedicatedly written on his name. we have some properties on both of us which were given by my parents. can anyone please suggest me what are all properties I get exclusively and what are comes to my kid. thanks in advance
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1. You have no share in the proeprty in the name of your husband.
2. However you are joint owner of properties if the same are in your joint names with your husband.
3.in the ancestral property if his name is not there then your children cannot claim share in it.
4.if you are unemployed then you are entitled to maintenance 13/-1/5th of his income.
5. beofre taking recourse to law I would suggest you to give one final try to your marriage.
1)you and your son have no share in husband properties
2) you can only claim right to stay in your matrimonial home
3) if property is ancestral your son can claim share
4)in respect of properties in joint names of your self and husband both are co owners of the property
Is my husband will have the equal share in the joint property, though it is mentioned that my parents given the property as a wedding gift?
gift deed has been executed in both your names . hence your husband can claim equal share in property
If his name is there in the title deed of the proeprty then he will be considered as its half share owner.
Hello,
that property that has been given by your parents can be claimed by you and your child will have a share of property in the ancestral property of your husband, rest also you can claim the property which is the self acquired property of the husband. The court after determining the situation of the case may grant such claim made by you to you and your son.
regards
now these issues reached the threshold limit. So now am planning to propose for divorce but before that I want to understand what are the rights me and my kid will have over my husbands properties.
If the tortures are unbearable then you may decide about dissolving the carriage.
However you may please note that neither you nor your other relatives are entitled to any share in his property as per your rights.
If the property is on joint ownership you can seek partition and separate possession of your share it.
Is my husband will have the equal share in the joint property, though it is mentioned that my parents given the property as a wedding gift?
In the jointly owned property you both shall have equal rights.