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Kulveer ( )     23 March 2010

Can wife claim her right on my Mother's property?

Hi,

 

In case of 498A, DV, can my wife claim her right over my Mother's property as my house is in my Mother's name. Also I have one 200 sq yrd residential plot  worth 6 lakh Rs in my name.  I want to know that if I transfer that plot in my mother's name before they file the cases then will I be able to save that from her clutches?



Learning

 22 Replies

R.R. KRISHNAA (Legal Manager)     23 March 2010

Case Law: A wife could not claim right of residence in the property belonging to her mother in law 2007 (3) SCC 169.

 

Yes you can transfer your property in your mother's name before your wife files a case against you.

 

Good Luck.

Suchitra. S (Advocate)     23 March 2010

Your wife cannot claim proerty of you mother. You can save your property by transfering the same to your mother, only when the other party fails to prove that it was bought with your money and you have transfered it now only to save it from them.

Kulveer ( )     23 March 2010

Hi,

 

One more question- My wife is an MBA & was worked as a lecturer for one year before marriage and was earning around Rs 12000 pm, but left her job after marriage and not working now. My marriage is heading towards breakage and I can face 498A, DV etc shortly.

 

My question is whether I have to give any maintenance to her if she files 125 or DV and can she claim any right in the property which is in my Mother's name? Right now I am working as a Software Engineer.

Suchitra. S (Advocate)     23 March 2010

If your wife is working , then the amount of maintenance may get decreased or even get cancelled taking into consideration how much she is earning. If she is not working, then you will have to pay her maintenance. She cannot ask for your mother's property.

Vikas Dharmendra (Consultant)     23 March 2010

No Body can claim women property, whoever she is, either, mother, sister, mother in law etc.... It is safest to keep u r property in mothers name and make u r self nominee.

Adinath@Avinash Patil (advocate)     24 March 2010

refer s.c. case law  cited by krishna.

your wife can't claim property  of your mother.i agree with krishna.

as regards maintainance i agree with suchitra.

Parth Chandra (none)     24 March 2010

Hi,

Does this mean that wife can claim the property of her husband (even if it is from her husband's self earning)???? I am asking this because in one of the other thread I received reply that wife can't claim the self - earned property of any body...only property which husband might have received from their parents and grand parents can be claimed.

What is the truth? I am confused now.

Vikas Dharmendra (Consultant)     25 March 2010

She only claim maintenance

bhagwat patil (Property due diligence 9422773303)     31 March 2010

AGREED WITH SUCHITRA

Akhilesh Srivastava (Consultant)     27 August 2010

Quick Question - I am a US based NRI...am in the process of buying a house in Gurgaon, India. In whose name should I buy the house - solely in my name or jointy with my mother. I am single now...but in future can my wife claim my house in the event of my death....despite my WILL excluding her. Can my siblings or other family members have claim in that property. The bottom line is I want to make the best long term decision as to in whose name should I register the property.


(Guest)

KULVEER , it will be better if u can show on papers that it was sold by you to her. get a sale deed registered and show transfer of money by cheques.do it before she takes any step. then even her forefathers cannot claim it by any means. if u transfer it, at time of permanent alimony u/s 25 she can get a share/consideration of ur asset .


(Guest)

she can get a protection order for right to residence in your mothers house under dv act , if it was her matrimonial home and if it comes under shared household.

Adv Archana Deshmukh (Practicing Advocate)     27 August 2010

Akhilesh, if you buy the property in your name, your wife can claim,

if you buy the property in your mother's name, the other legal heirs of your mother shall have right in her share after her death,

if you buy the property in the joint name of you and your mother, then your wife as well as your mother's other LRs can claim, after death

Renuka Gupta ( Gender Researcher )     27 August 2010

 Please see this supreme court judgement which says even working women can claim  maintenance.

https://www.hindustantimes.com/News-Feed/india/Working-women-can-claim-maintenance/Article1-260372.aspx

If you are not able to open the link, please copy and paste it in your browser and try.

RG


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