sanju 02 April 2018

Wife rights over property which husband has giftedto his mom

Hello ,
I had brought a property long back before my marriage by taking loan . After my marriage things started turning out ugly and i fear that very soon my wife would file for a divorce and can sense that she would also claim her rights on my property . Few months before i gifted property to my mother as gift by registering a gift deed on her name thinking that my wife will have no rights on my property .

Recently met an advocate who told me to sell the house that even if the property is gifted by registering a gift deed , still my wife can claim her rights over it . Now i am confused and don't want to sell the house as my parents are retired and old . If the house is sold they will not have a place to stay over .

Due to my wife's pressure i have already moved to a rented house along with her .

Please advise if a wife can still have any kind of rights on the property which is already gifted away by registering a gift deed .

Thanks in advance

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6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 02 April 2018

Consult senior lawyer of your locality. As these tricky thing cannot be discussed in public domain.

sanju 02 April 2018

I consulted 2 lawyers , and both have differnt views . Based on suggestion of one senior advocate i registed the property as a gift deed under my mom's name . Now the other lawyer is asking me to sell the house . I just want to what the law states actually

sanju 02 April 2018

TGK REDDI 02 April 2018

A wife is not a spouse unless she lives with her husband for at least, as far as I remember, five years. Spouses only have rights over property. However, a wife, though not a spouse, can claim maintenance under certain circumstances. She may get some amount monthly as maintenance and a shelter. That's all. She has nothing to do with the property. But, if the husband cannot pay maintenance, the mother should..

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Vijay Raj Mahajan (Advocate) 02 April 2018

A Hindu wife has no right or share to claim during the lifetime of the husband, that is law of the country. Even if there is divorce the wife cannot seek any share in the property. The wife has right to seek only permanent alimony and maintenance from the husband and that too she get if the financial status of both are studied and the court comes to conclusion that the wife should be allowed this claim. The lawyer who told you that your wife can seek share in the property at the time of divorce is absolutely wrong and misinformed and lack knowledge of matrimonial law. The property transferred by you in the name of your mother is now her self owned property that remains with her through out her lifetime. Your mother can make Will in your favor for the property that will come back to you after her death.

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sanju 03 April 2018

Thanks everyone for your response . You have been informational and were able to give me the clarity . Vijay Sir information shared by you is very clear.

I really liked this forum where even a common man gets to know the law .