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Vivek (QA)     30 April 2015

Does woman get share of husband's ancestral property after d

Don't know if this law was passed or not..
https://www.firstpost.com/india/cabinet-approves-bill-to-give-divorced-women-share-of-ancestral-property-964019.html
If I have a wife and she divorces then can she get the share of my ancestral property.
Here my ancestral property is- My father purchased it and then I inherited it or if my father is alive it will be mine.



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 10 Replies

Jatin Mittal (Corporate Lawyer)     01 May 2015

Hi Vivek

Firstly, if your father bought the property, then it is not the ancestral property and it his self acquired property. Even you do not have the first right over that property, as it is his self acquired property and he can do whatever he wants with that property, he may gift to someone else, sell it, etc.

Wife only has share in the ancestral property and not the self acquired property. Lets say if your father is no more and he has not made any will for that property, then being a legal heir the property transfers in your name. Now there is a simple concept - whatever belongs to husband, the same belongs to wife. So if the property has come to you, your wife will also have the share to it.

For other clarification, write to me at mittaljets@gmail.com. No charges for the consultation.

Adv. Chandrasekhar (Advocate)     01 May 2015

Why u people refer the old news bits? Now, this bill has been shelved by the present Govt. and it will not become Act.

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

The wife is not entitled to a share in the self acquired or ancestral property of her husband during his life time whether she remains married or divorced.

LegalFighter (test)     04 May 2015

Wondeful sir

husbandinneed   04 May 2015

Dear Sir Kalaiselvan,

Can you pls elaborate? If this property is bought by husband and father, and it is in the name of both husband and father (or husband and mother) then in that case if wife gets and claim on the property?

Right now, husband's both parents are alive (Father and mother)

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

She has no right as long as the others are alive.

T. Kalaiselvan, Advocate (Advocate)     06 May 2015

@husbandindeed: Your query is not clear, what do you want to clarify? did you go through my reply properly?, if not do it and understand what has been elaborately explained in it. 

aarjun vhajage (Lawyer)     06 May 2015

T. Kalaiselvan ::::::::::::The wife is not entitled to a share in the self acquired or ancestral property of her husband during his life time whether she remains married or divorced.

SIR WILL YOU GIVE ME ANY CITATION OR ANY CIRCULAR PLEASE?

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

UR entire query assumes presumption.(1) UR father purchasing the property and  U inheritting it and (2) If UR father was alive it will be URs.

As long as UR father is alive how can it be URs,unless he gifts it to U or transfers.

 

Ananya Gosain   18 October 2021

Greetings!

During her husband's lifetime, a wife has no claim to his ancestral property. Only coparceners of a Hindu joint family (Mitakshra) are entitled to inherit ancestral property. Because the wife is not a coparcener, she has no right or title to the ancestral property.

There is a case when the wife has a right to the husband's ancestral property. When the ancestral property is divided, each coparcener receives his or her own part. The ancestral property then becomes the coparcener's self-acquired property. If a coparcener dies intestate, his property is inherited by his wife, who is a class I heir.

In terms of self-acquired property, the wife has no rights during the husband's lifetime. A wife is entitled to a share of her husband's self-acquired property after his death. If her spouse dies intestate, she will be entitled to a part of the estate (without making a will). If the husband does not leave any property to his wife in his testamentary will, the woman will receive nothing from the deceased husband's self-acquired property.
 

 


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