• Do I have my right in my father in laws property if I divorce my husband?

I live in Canada with my husband. My husband send every penny he earns to his parents in India. My father in law has inherited property from his grand father. Do I have any right on that property if its not under my husband's name? My husband is Sikh and I am Hindu. 

I also heard my husband has married his widow sister in law in India and might have registered the marriage so that his late brother's sons inherit his share of money and property. How do I find out.

My husband's family do not let me come to their house in India and feud him against me. What do I do?
Asked 1 year ago in Family Law
Religion: Sikh

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13 Answers

You have no share in property standing in name r of your father in law 

 

2) if your husband has remarried check whether marriage is registered in sub registrar office in city wherein your husband family is residing 

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

Engage a detective agency in city wherein your husband parents are residing 

 

lawyer cannot find out whether husband has remarried or not 

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

You do not have any claim on your father-in-law's property. No lawyer has any means to verify the remarriage of your husband. You may engage a private detective agency to do the job.

Swaminathan Neelakantan
Advocate, Coimbatore
2936 Answers
20 Consultations

Sikh are Hindus and they are descendants of Hindus. As such Sikh does not belong to a separate religion. Property owned by grand father of your father in law is not an ancestral property. Being son if your husband render financial assistance to his parents then that is his moral and legal duty towards his parents but the same cannot be ground for you to seek share in the property of father in law. Being daughter in law you donot have any independant right in the property. Registration of marriage does not create any right of inheritance. As per law your children and your sister in law children too can claim share if other conditions are fulfilled to count the property as ancestral. There are methods to ascertain marriage of a person.   

Siddharth Srivastava
Advocate, Delhi
1416 Answers

Hi,

If your husband has any right in the parents or ancestral property you will have the right as his legal heir, i.e., after his death. this applies to you as his lawful wife not at the time of separation or divorce.

While he is married to you legally, his marriage to anyone else or sister-in-law will be illegal. If he married for the second time while he was married to you, then you can file a case against your husband. The second marriage can be declared void ab initio, which means that it is null and void from the inception of it.

if there are issues with your in-laws and your husband is not supporting you, then there are provisions to initiate legal proceedings/cases against them. 

legal steps should be based on your stand in the marriage, that is your decision to divorce or continue in the marriage. as any steps initiated against the in-laws will upset your relationship with your spouse if you chose to continue in the marriage.

You should consult a lawyer and discuss your circumstances/ facts of, work, earnings, assets, children and your rights as a wife etc. and decide what sorts of action need to be taken.

 

 

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

No you will only have right in his ancestral property share up to your husband’s share

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

- As per law, neither you and nor your husband is having any right over the ancestral property during the life time of father-in-law. 

- Further, even during the life time of your husband , you have not right over the same and even on his property , except you can claim residential right with the maintenance 

- You can approach the marriage registrar office with the help of any relative for knowing the registration of marriage. 

- They cannot disallow you to enter into your matrimonial home legally. You can file a complaint against them under the provision of DV Act , and also can file an FIR under section 498A 

- Yes, you can engage a lawyer for getting the same and to take legal action 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You have no right over your father in law's property 

If your husband is not maintaining you then you need to file legal proceedings and claim maintenance provided you have no independent source of income to maintain yourself 

You cannot claim a right of residence in your in laws house if you have your own independent house or if you are staying in the house taken by your husband in Canada 

Nephews are excluded by the widow from claiming any share in the property of the deceased husband. 

Unless you are divorced, your husband's second marriage, if any, is void 

Yusuf Rampurawala
Advocate, Mumbai
7721 Answers
79 Consultations

You do not have any rights not only in your father in law's properties but also in your husband's property too.

If you have evidence to prove that your husband married another woman during the subsistence of your marriage with him then you can file a criminal complaint against him under section 494 IPC for the offence of bigamy and can implead his newly wedded wife too in the complaint but you should have substantial documentary evidence to prove your allegations in this connection.

You have residential rights in your matrimonial home at least till such time yo9ur marriage with has not been dissolved by a decree of divorce, hence you can barge into your matrimonial home and if you are prevented you can take the assistance of police to stop them from harming you in the process. 

 

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

You can contact any lawyer in your native back in India and engage his services to inform you back the details and to follow up  all such further legal issues. 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Hello, 

  1. You don't have a legal right in the properties of your father in law. Even if the property is in your husband's name, you don't have a right on the assets.
  2. You can seek an alimony if you are filing for divorce or maintenance if you are in need of help for survival.
  3. You will need to engage your sources to find out if he married in India.
  4. Lawyer cannot find out, you may avail the help of a private detective.

S J Mathew
Advocate, Mumbai
3596 Answers
175 Consultations

Which city he lives. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Dear Client,

You do not have any property rights in your father-in-law's property or your husband's property. However, if you have evidence that your husband married another woman while you were still married to him, you can file a criminal complaint against him for bigamy. The complaint should include his newly married wife. You will need to provide substantial documentary evidence to support your allegations.

You have the right to reside in your matrimonial home until your marriage is dissolved by a divorce decree. If you are prevented from entering your matrimonial home, you can seek the assistance of the police to prevent anyone from harming you.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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