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Gottupalli Rajesh   05 September 2021

Property Rights

Can illegall relationship wife claim husband property after death?


Quick Summary
This discussion addresses whether a wife can claim her deceased husband's self-acquired property, particularly when the marriage was strained due to an illicit affair. Generally, a wife is entitled to use her husband's self-acquired property only during his lifetime and cannot claim it before or after divorce. The situation is further complicated by doubts about the paternity of their child and the husband's death from mental anguish.

 3 Replies

Pradipta Nath (Advocate)     05 September 2021

Refer to subsection 4 of Section 125 Cr.Pc. But your query lacks proper appraisal of facts!

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 September 2021

A wife is not legally entitled to her husband's self acquired property and can only enjoy her husband's self acquired property till her husband's death. A wife cannot claim her husband's property before or after divorce.

Gottupalli Rajesh   07 September 2021

wife had an illicit affair with another. The husband sent her out of the house.They have a female child. The father has doubts about the child. Later husband died of mental anguish due to the wife's illicit affair.Can the wife or child claim husband property?

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