Can wife claim maintenance from mother-in-law?

Your wife cannot claim any right in any of your families property, unless the partition of the same has been done. Your wife can only claim her maintenance under Section 125 CrPC or your personal law.

Can wife claim husband's parents property in India?

According to Hindu Undivided Family laws, the ancestral property belongs to the coparceners only. As per the law, the wife is not counted among the coparceners. However, if the wife inherits property from the husband legally, she can claim the husband's ancestral property.

What are the rights of mother in law?

1. A mother has only remedial rights against her son and daughter-in-law along with her grandchildren, meaning thereby if any of her own rights has been violated then she can seek redressal before a court of law.

Can mother-in-law claim maintenance from daughter in law?

No, a mother-in-law is not entitled to take maintenance from daughter in law unless and until her son is not alive. There is supreme court case Smt.

Can wife claim father in law property in divorce?

No she can not claim share in the property, but she can claim the maintenance. She can go for enhancement of maintainence depending upon the circumstances, particularly the nature of the property and the income from it.

Patni Kab Kharcha Nahi Le Sakti | How To Avoid Giving Maintenance To Wife | Wife Cant Ask Alimony

Can wife claim husband's mother's property?

No, a wife cannot claim the property that is exclusively husband's parents property. According to the Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 a divorced woman has a right to claim maintenance under the Hindu Law.

Can wife claim husband's parents property after his death?

Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.

Can daughter in law can claim father in law property?

The daughter in law cannot claim any share in the ancestral property of her father in law. She gets a share only through her husband. Being ancestral property the son has a share in the property and is a coparcener.

Can husband claim father inlaw property?

You wont get any property from your father in law. In case if it was the inherited property you can try through your wife. Other wise you wont get any right over his property.

Does wife have rights on in-laws property?

However, the Supreme Court has ruled that a married woman has no right on the self-acquired property of her in-laws, as this property cannot be treated a shared property.

What is the rights of daughter in law?

When there is a division of property in a Joint Hindu Family, the daughters enjoy equal right along with sons, the daughter in law has no right in the property of her in-laws. She acquires rights to the in-laws' property only through her husband.

Is daughter in law a legal heir?

She can be a Karta also, i.e. head of the family if she is the eldest coparcener. If the daughter dies intestate, her share in the HUF property passes by succession to her legal heirs as per section 15 of the 1956 Act. A daughter is a coparcener but a daughter in-law is only a member of joint family.

Can widows daughter in law claim father in law?

This property can be either ancestral or self-acquired. The right acquired by her is as a widow of the deceased husband. So the Hindu Succession Act 1956 does not give any rights to widowed daughter in law with respect to father in law's property.

Can a wife claim husband's property?

Dear, A wife is not legally entitled to her husband's self acquired property and can only enjoy her husband's self acquired property till her husband's death. A wife cannot claim her husband's property before or after divorce. At most, a wife can only claim money for her maintenance or alimony.

What are wife rights husband property?

Wife's Rights on Husband's Property in India

A wife is entitled to inherit an equal share of her husband's property. However, if the husband has excluded her from his property through a will, she does not have a right to her husband's property. Moreover, a wife has a right to her husband's ancestral property.

Can a married daughter claim her father's property?

Yes, as per law, a married daughter has every right to claim a share in her father's property. She has as much right as her brother or unmarried sister.

How property is divided in family law in India?

The property partition law for a joint family in India states that an ancestral property can be divided on the basis of making a family partition agreement. This is subject to the personal laws of inheritance where Hindus, Muslims, and Christians have different standings under family property division.

Can a widow get maintenance from in laws?

Section 19 of the Hindu Adoption and Maintenance Act, 1956 contemplates that the wife has every right to claim the maintenance after the death of the husband from the estate inherited by her father-in-law, ie.

Can maintenance be claimed from father-in-law?

Section 19 of the Act provides for maintenance to a widowed daughter-in-law. The daughter-in-law can claim maintenance from her father-in-law provided he has inherited some estate of her husband.

Can son in law claim father-in-law?

Residence of son in law, if any, in the plaint schedule building is only permissive in nature. Hence, son in law cannot have any legal right to his father in law's property and building, even if he has spent an amount on the construction of the building."

What case can be filed against mother in law?

You can file a case against the mother in law under section 498A of the Indian Penal Code, 1860 and Protection of Women from Domestic Violence Act, 2005. Dowry harassment is also included under domestic abuse/violence. Domestic abuse also includes physical abuse, emotional abuse as well as economic abuse.

Can a woman claim in laws property?

The Supreme Court, on October 15, revised its previous ruling on the Domestic Violence Act and said that daughters-in-law have the right to stay at their in-laws' house. In effect, Indian women can now claim residential rights at her in-laws house both during and after domestic violence proceedings.

How can I avoid paying maintenance for my wife?

Can a married daughter claim maintenance from her parents?

P.C., a minor daughter is entitled to maintenance from her parents only till she attains majority, but declined to interfere with the order passed by the Family Court taking the cue from Section 20(3) of the Hindu Adoptions and Maintenance Act under which the right of maintenance is given to a minor daughter till her ...

When a wife is not entitled to maintenance from her husband?

Section 36 of this secular legislation, applicable to all persons who solemnize their marriage in India, provides that a wife is entitled to claim pendente lite maintenance, if she does not have sufficient independent income to support her and for legal expenses.