property rgistration for minor

rameshi (Querist) 29 November 2015 This query is : Resolved
Dear experts,my house had registration done for my second wife son minor,now first wife filed 125 crpc,is property safe ,is first wife don't have children is entiled to ask minor property.pls help me sir.

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Advocate M.Bhadra (Expert) 29 November 2015
During the life time of husband and after divorce wife has no property right. But wife has residence right before divorce and she can claim maintenance after divorce. However default of payment in maintenance allowance court can issue order for proclamation of attachment of property.

Rajendra K Goyal (Expert) 29 November 2015
She has no claim on the property in the name of minor.

M V Gupta (Expert) 29 November 2015
very inadequate details. Prima facie the first wife cannot proceed against the minor's property. But if she proves that the registration in favor of the minor was with malicious intention of evading her claims for maintenance she may in the event of the querist failing to meet her legitimate claim for maintenance, she may proceed against the property. But this is a very lengthy and complicated issue to be proved by her.