Legal Question in Real Estate Law in India
One of my friend's wife has left her matrimonial home with her 1 year old son due to a normal wear and tear of marriage life. Though dispute could be settled down but her mother instigated her daughter not to go to her in-laws place she is also not ready to give the custody of the son to my friend and also not ready to give divorce. My friend is having some piece of land (Agricultural Land) in his village. It is a ancestral land so my question is that can she ask for a share in this land if yes than how this land is divided ? and when this property is divided ? as per my knowledge the question of partition of this property arises at the time of selling this land. And if they don't sell this land than how his wife can get the share from this property ? pls advice me. my friend is the only one son of his parents.
3 Answers from Attorneys
No share. But she can claim/attach/charge the property for maintenance.
She can file a case of maintenance and then attach the said property.
About share she can file through his son.
the wife has no right, title or interest in the property of her husband and it is the son of your husband who can claim the equal share in the ancestral property. the wife can file a suit for parititon on behalf of her son.
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