Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Can wife claim share

(Querist) 30 August 2015 This query is : Resolved 
My paternal grandmother(stridhan-immovable property) has left a will in the name of grandfather and my grandfather has died inestate. Now this property is registered in my father's name. Now, can my wife claim share in the above said property by filing DVC or maintenance cases or some other cases.
Advocate Bhartesh goyal (Expert) 30 August 2015
Your wife has no right to claim share in the property belongs to your father.
SAINATH DEVALLA (Expert) 30 August 2015


Wife to get share in man's ancestral property too:

By Express News Service - NEW DELHI Published: 18th July 2013 09:33 AM Last Updated: 18th July 2013 09:33 AM
Marriage laws are set to become more women-friendly with the Union Cabinet on Wednesday approving a slew of measures, including providing for sufficient compensation to wife and children from husband’s ancestral property in case of a divorce.

To put an end to prolonged legal battles in divorce cases, the Cabinet also approved a proposal that allows courts to exercise discretion in granting divorce after three years if one of the partners does not move a second ‘joint application’ for divorce with mutual consent.

The two major amendments were recommended by the Group of Ministers, headed by AK Antony, on Marriage Laws (Amendment) Bill to bring parity in laws prevailing in various states. The GoM was asked to decide whether a court can work out “sufficient compensation” for a woman from her husband’s ancestral property in case of divorce which takes place on grounds of “irretrievable breakdown of marriage.”

While the bill has a provision for share in husband’s self-acquired property, a new clause – 13F – was discussed by the GoM. It felt in case ancestral property cannot be divided, the woman should get “sufficient compensation” from her husband’s share. The compensation can be decided by court.

“A provision 13 (b) 2 has also been added which gives judge the discretion to take ex parte decision on granting divorce if one of the two parties refuse to move a joint application. This does not mean divorce will come into effect. It means the court may grant divorce in such a situation,” an official said.
Rajendra K Goyal (Expert) 30 August 2015
The property mentioned is registered in the name of father, son has no share till father is alive. Wife has no share in this property.
ADV-JEEVAN PATIL, MUMBAI (Expert) 30 August 2015
The property willed by grand father, your wife is disentitled for any claim
Sri Vijayan.A (Expert) 31 August 2015
Your wife do not have any claim over it
Surrender K Singal (Expert) 04 September 2015
You may check HSA section 14....


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :