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Ritwik (IT)     15 October 2014

Claim on house owned by mother

I am staying with my parnets, wife and minor son.The house is in my mother's name. Going through a matrimonial disspute. In laws thretened that they will sale the property and claim share of the house. I know that my wife can't claim in my mother's property. Now, 1. If my mother prepares a will to give the house to my son, can my wife claim share? 2. What happens if my mother passes away without a will? Is there any chance that my wife can claim share? Kindly let me know w.r.t. if we(me and my wife) go for divorce and staying together regards Thanks in advance


 4 Replies

ramgopalpadala (Document Writer)     15 October 2014

Dear Ritwik,

If your mother wrote will to your minor son, after her demise the property will automatically goes to your minor son. If your mother died with out making any will, the property goes to her legal heirs (successors)

Your wife have no right in your mother property.



Ramgopal padala

Ritwik (IT)     16 October 2014

Thanks for the reply. But when my son is minor, can my wife claim share (before or after divorce) as a guardian of my minor son? Even when as a legal heir the property comes to me, can she claim share there?

Kumar Doab (FIN)     17 October 2014

If your mother is the sole owner of the house she can give it away to anyone in her life time by any means e.g. WILL, Sale/Gift deed etc……………………Your wife has no claim in it.


If you are sole owner of any estate you can give it away to anyone in your life time by any means e.g. WILL, Sale/Gift deed etc……………………Your wife has no claim in it.

ramgopalpadala (Document Writer)     17 October 2014

After or before divorce, your wife has no right to ask in the property of your mother. Your wife is only guardian to your minor son. After your son becomes major, the property is in the hands of your son.

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