Wife's share in husband's money
ipsita
(Querist) 27 May 2013
This query is : Resolved
Respected Sir/Ma'am
This is Ipsita from Bangalore.I would like to ask a question on behalf of my mother.My father has got a lump sum money from his company(NTPC) after his retirement & he wants to utilize that as per his own wish without anybody's interference.Even he doesn't listen to my mother saying her that you have got no share in that,no right to say anything & the money is only mine.
Sir/Ma'am please help as we don't understand what to do.As per law if we can do something.
Regards
Ipsita
adv. rajeev ( rajoo )
(Expert) 27 May 2013
In hindus,during the life of the husband, wife cannot claim any share in his self acquired property. She can atmost go for maintenance.
Guest
(Expert) 27 May 2013
Your mother and you don't have any claim over the retirement benefits of your father. If he is not maintaining his family properly, only then your mother can claim appropriate monthly amount for her maintenance.
ajay sethi
(Expert) 27 May 2013
agree with Dhingraji . it is his money . he has worked hard for it . your mom can have claim maintenance only if your father does not look after your mother
Raj Kumar Makkad
(Expert) 27 May 2013
Your mother can raised DV dispute and then can stop her to ensure her maintenance by keeping intact that money, however, if your husband ensures the court that he shall duly maintain her then the argument on the part of your mother shall become dead end. BUT this can be tried otherwise there is no law to stop your father to incur his self acquired money.
Adv Archana Deshmukh
(Expert) 27 May 2013
Your father can spend the money in the way he wants nobody has any right to object to that. At the most your mother can claim maintainance from your father, if he is neglecting to maintain her.
Devajyoti Barman
(Expert) 27 May 2013
Your father is free to use the money as per his wish.
Your mother has has right to maintenance only if your father refuses to maintain her. Apart from that she can ask for her right in any money falling in the hands of your father.
Kishor Mehta
(Expert) 28 May 2013
Sir/Madam,
With due respect to you all, as an extreme measure is it not possible to go for divorce proceedings and seek a one time monetary settlement?
It has happened once before in an identical situation.
Kishor Mehta
malipeddi jaggarao
(Expert) 28 May 2013
Ms.Ipsita is asking remedy for getting a share of her mother in her father's money. Suggesting divorce at this age is unwarranted and unrelated to the query. Why your mother wants a share in your father's money. Is he not maintaining your mother properly? In spite of proper maintenance by your father, if your mother is looking for a share, there is no legal remedy available. If he takes care of his responsibilities why do you plan to interfere and claim a share in his own money?
V R SHROFF
(Expert) 28 May 2013
YOU ARE READY TO DIVORCE FOR MONEY???? yOU CANNOT be help .As per law you cannot do anything.
Guest
(Expert) 28 May 2013
Dear Jaggarao,
Sometimes, lack of mutual trust in the family and hunger for money of some money-minded members of family become the cause of making the life hell of a retiree after they see lump sum amount of retirement benfits coming in. They prefer to show impatience in grabbing that amount from him than showing solidarity with him to keep his old age peaceful and comfortable. They forget that the money would be spent rationally on them only in phased manner by him or would inherit themselves only after his death.
ipsita
(Querist) 28 May 2013
Dear Sir/Ma'am,
With due respect to you all I would like mention that there is no such hunger for money,grabbing the lump sum amount or making the life hell of a retiree arises here.What if a retiree wants to spend all his hard earned money in the volatile share market or wants to give 80% of his retirement money to a charitable organization?Thus here the fact is how to safeguard his money rather than giving it in the wrong hand.If the money remains with my father then only my mother can ask for maintenance if not then what??after-all she is also a human being & wants solidarity to be shown towards her.
Regards
Ipsita
Guest
(Expert) 28 May 2013
I have spoken whay I observed from general tendency of sons & daughters of majority of retirees I have come across so far.
Anyway, it is the money of your father, he can spend in any way, may be he gives 100% in charity or invest in share market.
If your mother really has the problem for maintenance, she can approach the court of law with her application. But, still no share in lump would be allowed by the court out of his lump sum retirement benefits.
Adv Archana Deshmukh
(Expert) 28 May 2013
Try to resolve the issue thru mutual talks mam instead of showing law to your father at this age and stage of his life. I don’t think that a person who wish to give 80% of his retirement benefits to a charitable organization will leave his wife without any security. Let him spend some of his money in the way he wants and ask him to invest or put some money in your mother’s name.
Raj Kumar Makkad
(Expert) 29 May 2013
There is no harm if a person is contributing his maximum saving for charitable purpose. After all Vasudhaiv Kutumbkam.
malipeddi jaggarao
(Expert) 30 May 2013
First of all let me thank my senior colleagues who endorsed my views. Mr.Shroff, Mr.Dhingra,Ms.Archana and Mr.Makkad. I fully agree with Ms.Archana that a man who wishes to give 80% of his life time earnings to a charitable trust, will not leave his wife financially unsecured. If the family members fear about possible wrong decisions of the head of the family like investing in share market, they can as well counsel him. As regards giving away to a charitable trust, if you people are financially sound, why there should be an objection from your side? Society has given us a lot and when the time comes to pay it back, very few are bold enough to come out of the shell and do the needful. I really admire your father for his thinking. However, as regards security of your mother, all of you can discuss with your father and find a solution. But dragging him legally is not fair on the part of the family members at this age.
