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susheel (A.M - Finance)     05 December 2013

Wife rights on property

As per law, wife have rights on which property (husband, FIL , MIL , etc) and what share?



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 December 2013

A wife is a legal heir of her husband and hence will succeed to his estate after his death along with other legal heirs. During the lifetime of the husband she can claim only maintainance. A DIL have no share independently of herself in her FIL or MIL's property.


(Guest)

As per the law, a wife has no right in her in-laws property. She is only entitled to claim maintenance and alimony (as the case maybe) from her husband, in the event of divorce. Also, under the current laws, a woman seeking divorce is not entitled to any share in the husband's property.

The ownership rests with the person who is holding the title. However, if the property is bought by the husband while the two were together and he holds the title, the wife can make a claim if she can prove her equity in the property.

A wife, on divorce is not entitled to her MIL’s property, and the same had been stated by the Supreme Court in a 2007 case.

In case the woman is a widow, she, along with her children from the deceased husband can claim the share in property that would have belonged to the deceased husband (the share would depend on the number of siblings the husband was). However, if the woman divorces, she has no right in the property of her in-laws.

 

-Regards

Advocate Pooja

www.lawkonect.com


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