Can a wife have a legal share in her husbands self-earned property?
Chitra
(Querist) 29 November 2014
This query is : Resolved
My mummy's age is 63 and my fathers age is 65.. They married before 42 years.. My father started his business out of my mummys jewels in 1975. he purchased 4 properties(3 houses in his name and one in my mummies name..) Due to some misunderstanding my father and my mummy were living separately in a same house, my father was always threathening my mother that all the properties were earned by him, so that he can transfer al the properties to any one and make my mummy to beg..
a). Does my mummy has legal right to get a share in my fathers self earned properties, as she was a housewife lived with him for more than 40 years.
B). Suppose if my father transfers the property to any one by the way of selling or by will, does my mother has the right to stop it legally by getting a stay order in a court?
C).if my mummy has the legal right in my fathers property, how can she claim it.?
Devajyoti Barman
(Expert) 29 November 2014
1.No
2.No
3.She has right of residence for which she can file case under PWDV Act so her right of residence m=in the matrimonial home may not be hampered.
P. Venu
(Expert) 29 November 2014
While agreeing with the learned expert Mr.Barman, the information disclose that the father has neither made made the Will nor is he making any attempt sell the property - that is, he is just showing his trump card. His intention could only be to compel the mother to reconcile the estranged relationship. The children are grown up and certainly they would be a position to do something positive.
More than in the prime of life, it is in the old age that people long for companionship.
Guest
(Expert) 29 November 2014
Well advised Still inspite of his age get Confirmed about his character.
Guest
(Expert) 29 November 2014
In nutshell, your father has full right to dispose of his self earned properties in any manner he likes, i.e., by sale/ transfer, gift or donation, etc. Your mummy will be able to get her share as one of the legal heirs only after his death, not before but that too, if divorce has not happened between them.
ajay sethi
(Expert) 29 November 2014
agree with Mr barman and Dhingraji
Rajendra K Goyal
(Expert) 29 November 2014
Agree with the expert Devajyoti Barman and PS Dhingra ji.
R.K Nanda
(Expert) 29 November 2014
no more to add.
Dr J C Vashista
(Expert) 29 November 2014
Well advised by Mr. Barman and Dhingra ji, I concur.
T. Kalaiselvan, Advocate
(Expert) 03 December 2014
As of now there i s no law entitling a wife to claim a share in her husband's self acquired property during his life time. There is a possibility that if she can prove that her jewels were utilised for buying the property or business expansion, to claim a share but that has to be worked out with sincere efforts and skill.
Hemant Agarwal
(Expert) 15 April 2015
1. A shrewder and tactful lawyer would be able to stop alienation (sell /gift/ .... ) of the fathers property and divest away the properties of the Father to the Mother and other legal heirs /beneficiaries, irrespective of the "self-earned" status of the property.
2. At the present status-quo mode, The mother has all the legal rights over her husbands property, subject to various parameters, and also subject to point no. 1 (above).
Keep Smiling .... Hemant Agarwal
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