LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RahulMalwankar (Pharmacist)     10 June 2017

In divorce can hindu wife claim husbands ancestral property?

During divorce: can Hindu wife claim on husbands ancestral property?

Hello Sir/Madam,

My sister is going through divorce for last 2 years and here are the details:-

  • Hindu Marriage, in 2010.
  • Have a son 5 years old, in my sister’s/Priyanks’s custody.
  • Getting maintenance for son = Rs. 11,000/month.
  • Husband showing un-employed intentionally and not ready to increase the maintenance.

HUSBAND’S DETAILS:

  • Showing unemployed.
  • Husband already transferred his Goa plot in his mother’s name, when he realized 3 years ago that they may end up in divorce.
  •  All the property is their parent’s property, except the ancestral land where they live in Goa. (On ancestral land, husbands parents built the house, so can we claim that also as ancestral property?)

QUESTION: Husband is not ready for One time Allimony, so to teach him a lesson, my sister’s lawyer said that she can claim her share and her sons share from their ancestral property. Is that true? Lawyer said that my sister can put INJUNCTION on all of their property, so they cant sell it until the divorce is finalized, and then only they will agree for MCD, wife’s share in husbands property (as per Marriage Amendment Bill- 2013) and one-time alimony.

Is my sisters Lawyer guiding her rightly? Please help.

Thank you, Priyanka’s concerned  Brother.



 21 Replies

RahulMalwankar (Pharmacist)     10 June 2017

QUALIFICATION / EDUCATION: Priyanka & her husband, both have done MBA. My sister is still working in a MNC, but the husband has quit his job to show unemployed and is doing some unknown business in Goa.

We are guessing that he is in Real Estate business (Buying / Selling), and that is why our Lawyer suggested to put injunction on all of their properties (brother, sister and their parents), as husband has kept no property in his own name.

Is this advisable to put injunction on their property?

Ms.Usha Kapoor (CEO)     10 June 2017

She can claim husband's share in his ancestral property. Till divorce case is disposed of entire property of your sisters husband and inlaws can be put under injunction albeit temporarily..

laxmi kant joshi (instructor)     10 June 2017

No your sister cannot claim any share in her husbands ancestral property she has no right over that properties , if the property is mutated in her husbands name then he is the sole owner of that as he has purchased it by him , he has all rights over the property how to use it or dispose it .
1 Like

Born Fighter (xxx)     10 June 2017

 """" QUESTION: Husband is not ready for One time Allimony, so to teach him a lesson,  """" ????????

-----------------------------------------------------------------------------------------------------------------------------------------------

Who will teach whom a lesson only time will tell. Your lawyer is giving you advice based on how long he will have you as a permanent client. 

If the husband has transferred his plot in mothers name, do u think he will give ur sister any share from ancesteral property ??  He has his lawyers also to guide him, pls dont forget that.

The only reason to fight this battle seems to be money.....ur sister is well educated and earning. Better go for MCD by arriving at decent alimony amount & start life afresh OR else happy roaming to courts for next 10yrs atleast.

 

2 Like

Kumar Doab (FIN)     10 June 2017

Wife has NO forced share in self acquired estate/property of husband.

Wife is not a Co-parcener is ancestral property of husband.

Kumar Doab (FIN)     10 June 2017

Wife has NO forced share in self acquired estate/property of husband.

Wife is not a Co-parcener is ancestral property of husband.

Kumar Doab (FIN)     10 June 2017

Wife can place before the Presiding Officer the details of estate/property of husband including that has been gifted, and that is ancestral.

That all she can do.

 

 

 

RahulMalwankar (Pharmacist)     10 June 2017

Thank you all for your replies. I really appreciate it.

QUESTION: We have heard that "Wife" (my sister) cant claim her husbands ancesteral property, but can she put a claim through her son (5 years old) & put an injunction on husbands parents/brothers/sister's self acquired properties?

Because otherwise they will not agree for a one time allimony or MCD !!!!

Please help. Thanks in advance.

Priyanka's brother.

Rishi kumar   11 June 2017

First of all I would like to comment on Usha kapoors answers. She says she is a CEO and a lawyer to boot. When wife does not even have a right on husbands property, she is  asking the greedy person to stake a claim  not only on the husbands, but on the in laws ancestral property. Simply ridiculous. If she is writing all these simply because the greedy brother may give her a like , well , Usha Kapoor take my like also.

and , dear Rahul, is there no limit for men to fall? What kind of a brother are you? May be u r looking forward to rob your sisters onetime alimony so that u need not work? Even if that delays her divorce process by another decade?  If your sister stays with u for long , that will pave for your wife filing an injunction against your parents ancestral property. Remember there are lawyers like Usha Kapoor,!!!!!

remember Mr. Rahul, even your sisters son cannot claim anything during his fathers lifetime. Be it self acquired or ancestral.even ancestral property devolves thro your sisters husband. During his lifetime if he wills it to someone else your sister or his son won't get a paise. Only when he dies intestate. Instead, allow the son to be on good terms with his father. Allow the child to visit his father. Already you have deprived the child of his fathers love. Allow the father to love his son. Property will naturally be given to him.dont try to teach lessons or snatch property. 

3 Like

RahulMalwankar (Pharmacist)     12 June 2017

Dear Rishi Sir,

I do appreciate your response, but there are many problems that I have not written here, and anyways Priyanka's husband is being too adamant in not even agreeing to give MCD, as even he knows that the marriage is not working and they are living seperately for such a long time !!!

I hope you understand. Thank you.

RahulMalwankar (Pharmacist)     12 June 2017

Also Respected Rishi Sir,

I think there is some confusion circulating around that a wife has no rights over husbands/in-laws property, as Sisters/Priyanka's Lawyer said that the MARRIAGE AMMENDMEND BILL 2010, (already passed in Rajya Sabha), and currently placed now in the Monsoon session, 2017 for Lok Sabha for clearance, states that:-

* Wife will have 50% share in husbands + in-laws + ancesteral, and any property the husband's side has. (50% in residential, and rest property share will be decided by the court)

QUESTION: My Sister's Lawyer said that, the bill has all the likelyhood to get passed in this Monsoon session, 2017, and she should file the injunction case on all the in-laws properties !!! Is the Lawyer guiding my Sister rightly? 

Please do give expert advice. Thanks in advance.

Priyanka's Brother (Just concerned about my sister, thats it. Thanks for understanding)

Rishi kumar   12 June 2017

Yes Rahul,

dont get tempted or swayed by the ill advises. Born fighter is right in saying that only time will tell. If you want your sister to move on just accept divorce without any alimony. Anyway he is giving maintenance to his son. That can continue. There can be mistakes from your sisters side also. You need two hands to clap. Don't even think that the law favours women. Only that there are sections under which they can file. Your brother in law is not going to be employed anytime soon , at least on paper. Here I am not taking sides. Accept your sisters mistake and don't try to fine the husband for that. Ok he may also be guilty. Just accept the sons maintenance gracefully and allow the son to visit his father. Now he is a child. But surely he will grow up. He will learn to judge everyone. Then, none of you are going to escape his notice. Already his mother has deprived him of his fathers love. Do not do more damage. Forget your egos and move on. You will not regret.

whatever bills get passed you are the sole owner of your property during your lifetime. So no body will die intestate allowing the warring wife or daughter in law to take a share in their property. This is just natural. Rahul, you will not want your enemy to get a share of your assets even after your are dead? No.  I am just writing common sense and not law points. Think we'll and wish you all good luck.

RahulMalwankar (Pharmacist)     12 June 2017

Dear Ritesh Sir,

Thanks again for expressing your views, and your "Common Sense" is very much valid. I completely agree with what you have written.

But I guess, my sisters Lawyer has given us this approach, taking into account that the other party is not cooperating with the divorce proceedings, so bring all this to an end, this could be a hard way to put PRESSURE on the other side, so they will try to resolve things faster.

Thats the only intention.

But I dont want this approach to back-fire, and land us getting some criminal case/purgery for demanding share from their ancesteral property.

Thanks again.

Born Fighter (xxx)     12 June 2017

Originally posted by : RahulMalw*nkar
Also Respected Rishi Sir,

I think there is some confusion circulating around that a wife has no rights over husbands/in-laws property, as Sisters/Priyanka's Lawyer said that the MARRIAGE AMMENDMEND BILL 2010, (already passed in Rajya Sabha), and currently placed now in the Monsoon session, 2017 for Lok Sabha for clearance, states that:-

* Wife will have 50% share in husbands + in-laws + ancesteral, and any property the husband's side has. (50% in residential, and rest property share will be decided by the court)

QUESTION: My Sister's Lawyer said that, the bill has all the likelyhood to get passed in this Monsoon session, 2017, and she should file the injunction case on all the in-laws properties !!! Is the Lawyer guiding my Sister rightly? 

Please do give expert advice. Thanks in advance.

Priyanka's Brother (Just concerned about my sister, thats it. Thanks for understanding)

Rahul , u seem to be educated...why dont u do some research on the internet OR ask your sisters Learned lawyer to give you copy of the Marriage Amendmend bill 2010??? . According to you it seems all men have come into this world to surrender 50% of property (HIS ,ANCESTRAL , INLAWS AND HIS SIDE's) to wife after marriage ....... sounds hilarious and i suggest u also be ready to surrender  (Your's, Ancestral, ur parents and Urside's) property to ur wife. 

 

Marriage ammendment bill 2010 has not been passed from 2010 and its not easy task....however ur lawyer seems to have some influence in Loksabha /Rajyasabha/PMs office  that he feels it will get passed in 2017. You are not only wasting ur time but the time of the forum by asking such questions. Your lawyer is looking for a long time BAKRA / client in ur sister...thats all.

 

Wake up....dont eye on someone else's money ........ if u get it by unethical means u will surely loose double of it in future !!!!

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query