Upgrad LLM

claiming on others property


All Members,

      My wife is saying that a land is purchased by us on name of my father at the time of marriage in part of dowry given by them. But its my father own property and its not ancestral property but it is purchased at the time of my marriage. How this problem can be solved if she proves it and what will it happen if we sale it now silently?

     Other property is purchased by my father by taking bank loan and with my grand mothers money (my mother`s mother n my mother is only one child to my grandmother).my grand mother is alive. Is this come under ancestral property or anything else that my wife can claim on this property. How this problem can be solved if she proves it and what will it happen if we sale it now silently?

 
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Fighting Frivolous 498A case

Your wife can have claim on your property..not your fathers property. Irrespective of its self earned by father or ancestral.

 
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ADVOCATE

No right of your wife in these properties.

 
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advocate

Mr.Nikhil, in the first case if any dispute arising and your wife in a position to prove that the property has been purchased out of the dowry given, then it is your scope to deny that and prove the source of fund on which your farther purchased that property is the matter, in the second case absolutely it is not an ancestral property since the money doesn't matter, title in your fathers name  derived under a sale deed, it could not be treated as ancestral property, it may be treated as ancestral when 3rd or fourth generation in future while your father is not execute any will or something...... it  depends upon many aspects and it is not now relevant.

 
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practicing advocate

She cannot prove it that property purchased by your faher is from dowry amount.

If she claimed then you will have to prove that your father has got independent source of income, it is knows as gains of income.

 
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Legal Evangelist - TRIPAKSHA

I agree, unless the property is more than 7 years old, source of income becaomes important.

 

She can claim, if your arthmatic is not in shape.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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