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Raj (None)     16 June 2012

Property share

Hi,

This is the situation of a family.  There are four children - 2 brothers, 2 sisters - in the family. 1 brother is married, and 1 sister is married.  Their parents are no more.  The married brother's wife went to her mother's house soon after the marriage, and since then there is no relationship between him and his wife, though they have a kid.  None of the family members even talks with the brother's wife and her family.  She was a total mismatch to the family. 

Now, if the brother's wife applies for a share of the property, how much share would she be getting? How can the family maximize saving their property from going to her, legally? They want to see none of the property goes to her, since she was never part of the family - emotionally or physically - and she is as good as a stranger.  Some properties are in the name of the grandfather (who is also no more), and some in the name of the father.  However,  there is no will left by father or mother or grandfather.

Kindly advise about the strategies that are legally allowed.

Thanks.



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 3 Replies

Raj (None)     16 June 2012

Thanks Ashish for the response.  The brother does not yet have anything on his own name.  Will his wife not get a share even in the event of divorce?  What can the family do in that event?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 June 2012

1. As of now a wife does not have a right to property of husband or his share in ancestral property. 

2. As Ashish Jee said she only has the right to reside (that too if she had been residing in that very property and is her matrimonial home.

3. Though she can seek partition for son in the property. 

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