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satnamsingh   26 June 2018

Can wife claim share in husband property

my wife living separate. can she claim share in my property. my mother transferred Property in blood relation.

few property have rental income .


what is solution to save property from greedy wife .

Thanks



Learning

 9 Replies

Pradipta Nath (Advocate)     26 June 2018

Separate means Divorced??

satnamsingh   26 June 2018

Pradipta nath g. . No divorce yet. Living separate in her parents home. It's her 3rd marriage . She is very clever lady.

Kumar Doab (FIN)     26 June 2018

IT is believed that you are all covered by Hindu laws in your matrimonial and estate/property matters..

Either spouse has NO forced share in estate/property of other spouse in her/his life time..

Thus wife has NO forced share in self earned/acquired estate/property of husband.

Wife is not  a co-parcener in ancestral property of husband.

Wife can appraise the court about estate/property of husband to decide the matters of maintenance and alimony for self, children…

You are counting income, and you may count your liabilities also and keep irrefutable written record..

 

If your mother decides to sell off her self earned/acquired/absolute estate in her life time she can do so and even give cash to anyone..

2 Like

Aks   21 July 2018

Clear and good advice by Kumar Doab..Agree with above.

SHIRISH PAWAR, 7738990900 (Advocate)     28 August 2018

Wife cannot not have claim any share in husbands property and ancestral property however she can claim maintenance.

Anish Thakur 7018812737 (advocate)     20 October 2018

No, but she can claim maintenance and if you will not pay her she can seek to attach the property for sale for recovery of maintenance.

1 Like

Sonam Kaur (teaching )     06 February 2019

Right :) thumbs up for your answer :) 

1 Like

Raghav Arora   27 February 2019

Hi,

She has very little chance of winning over in this case. 3rd marriage may also contribute when it comes to court. Also if the properties are self-earned, the same becomes more difficult for her.

She can only help herself with maintenance, however, you can also drive her off that if the claim is edgy enough from your side, or at least let her have the minimum of it. 

The court will also depend upon the age of the children and their relationship with you both. 

Mother's property is totally dependent on her discretion.

Regards

Adv Raghav Arora

(Delhi - NCR)

Raghav Arora   27 February 2019

Hi,

She has very little chance of winning over in this case. 3rd marriage may also contribute when it comes to court. Also if the properties are self-earned, the same becomes more difficult for her.

She can only help herself with maintenance, however, you can also drive her off that if the claim is edgy enough from your side, or at least let her have the minimum of it. 

The court will also depend upon the age of the children and their relationship with you both. 

Mother's property is totally dependent on her discretion.

Regards

Adv Raghav Arora

(Delhi - NCR)


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