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property gifted to mother.does my wife have right to claim?


I purchased a plot or property before my mariage. After my marriage, I gifted that property to my mother. My wife doesn't know about this.

Few days back me and wife are separated but not applied for divorce so far. We have 5 year old kid and he is US citizen. So based on this information I have below question:

1) Does my wife have any right on the property which I gifted to my mother?

2) If we go for divorce, can my wife claim a share on that property?

Please let me know if you need any further details to better assist me. Thank you.

 
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U, ur kid or wife has no right on the gifted property....after ur mother u will get the ancestral right over that property... Yea if u don't have sufficient funds ur wife can claim her share from the said property
 
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Thanks to TGK REDDI Sir and SHIVAM Sir.

Shivam Sir - I didn't understand the last line of your answer which is "if u don't have sufficient funds ur wife can claim her share from the said property".

Can you explain in detail about this?

 
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FIN

The inheritance is decided in accordance with personal laws applicable to the owner.

It is beleived that you are Hindu.

If yes, your spouse, children, mother are ClassI legal heirs and shall have first right.

However during your life time they have no forced share in your self acquired/earned estate and you can dispose it in any manner as it pleases to you e.g. WILL/gift/sale etc.............

 

You may download the proof of having been staying separate a few days back only.

So that you can establish that you have gifted the property to your mother much before staying separately.

 

While deciding mainatainance/alimony the  court shall consider your estate/income.

 

Rest your able counsel can guide you further.

 
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Hi Kumar Doab Sir,

Yes I am Hindu. In your above answer you mentioned that However during your life time they have no forced share in your self acquired/earned estate and you can dispose it in any manner as it pleases to you e.g. WILL/gift/sale etc.............

But in one of the reply to some one's question on this same website, one of the lawyer replied saying that "Wife will have share on the husband's properties".

Do these two statements are contradicting. Can you please clariffy.

 
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FIN

You may check with  lawyer you have mentioned.

If the husband dies without disposing his estate by a valid deed/WILL, then wife being a ClassI legal heir has a claim/share in the estate of her husband. 

You may consult an able counsel specializing in family/such/civl/revenue/property/divorce matters, beforehand as apparently you are contemplating /aprehending issues.

Your able counsel can prepare and update you on all points that you may have.

 
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Thank you Kumar Doab Sir.

Please correct me if my below understanding is wrong.

What I understand that my wife will not have any rights or she cannot even get the share on the property which I purchased before marriage and also the property which I purchased after marriage until I alive.

Once I dead then my wife will get the share on those properties.

Before I die if I GIFT all my properties to my mother then my wife will not have any rights on my properties even if I dead or alive.

Is my understanding correct?

 
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FIN

You have initiated many threads.

It has already been posted that you may consult an able counsel specializing in family/such/civl/revenue/property/divorce matters, beforehand as apparently you are contemplating /aprehending issues.

You may also ask your counsel about The Marriage Laws (Amendment) Bill.

The counsel that you engage/consult can update you and give considered opinion on every point/document/input you give.

 
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