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Rahul   07 October 2021

Husband giftdeed plot to mother can wife/son ask for share?

Husband transferred plot to his mother, so can wife or son ask for share?

Dear Learned Counsel/Advocates,

NOTE: Myself = Husband's name = Arnav

QUESTION:-

  1. When marriage was on shaky grounds, myself-Arnav/husband transferred his plot in my mothers name, as a GIFT-DEED. But now as working wife’s maintenance has been denied by the court, she has filed for a partition suit on that plot. Can she do that?

NOTE: The plot is in Arnav’s mothers name, and was transferred long back, before this partition suit was filed by Arnav’s wife.

  1. Does Arnav’s wife or son, have any rights in Arnav’s mothers own property? or the plot that Arnav gave her mother as gift-deed?

NOTE: Arnav’s father died, in 2003, even well before Arnav’s marriage.

MY UNDERSTANDING: After Arnavs fathers death, the fathers plots that was legally divided between Arnav and his mother, becomes their SELF-ACQUIRED property ........... right?

BACKGROUND: - 

- Hindu Marriage in 2007

-Son was born, out of wedlock in 2008.

-Husband/Myself-Arnav, handicap due to accident, so wife left in 2009.

-Wife never let husband or husbands side of family to see his son.

-Husband filed for divorce in 2011. Husband unemployed due to handicap status.

-Whereas, wife is software Engineer, and earns Rs. 87,000 / month + Rs, 42,000/month rental income. 



 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 October 2021

Hello,

Wife and son will not have any rights on the property of husband during his lifetime. Moreover in your case property is already transferred in mother's name so wife and son have to right in the property. 

Kevin Moses Paul   07 October 2021

Basically as per law, a wife is entitled to inherit an equal share of her husband's property. But in case the husband has excluded her (wife) from his property through a WILL, she does not have a right to her husband's property.

Recent judgements have stated that a wife has a right to her husband's ancestral property, but you've already transferred the same in your mother's name thus, she does not stand a chance to get a share of the same.

In simple, your wife do not hold a valid right in the property anymore.


Regards,
Kevin M. Paul

Rahul   07 October 2021

Dear Adv. Pawar Sir, and Reaspected Mr. Paul,

Thank you so much for your time. I really appreciate it.

QUESTION: Can husbands mother sell those plots? Because for 1 plot that husbands mother sold, the opoposite party, has filed for: Contempt of Court. Is that valid? Or its just a harassment tatics, and we just have to fight it out?

Thanks again. Arnav.

Advocate Bhartesh goyal (advocate)     07 October 2021

Wife is absolute owner of. Property so she has right to transfer property as per her wish.As per query no contempt case is made out it's for harassment and pressure tactics.contest case strongly.

Shashi Dhara   07 October 2021

These are all baseless allegations which doesn't stand in court it only kills time  ,proceed .

Jeevan Patil   17 October 2021

If property is self acquired and gifted to mother with valid Gift, neither wife nor son will have any claim over gifted property to mother.

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