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Puneet (Victim)     29 July 2013

Share of wife on husbands inheritable property

As you all must be aware that in few weeks this law will be passed and what we know is after divorce a woman will get share in husbands Inherited and Inheritable property.

 

If the husband already inherited the property then the judge can order him to pay share out of it to the wife but in case of Inheritable property this is a decison wih the parents.If the father and mother buy a house in which they live in their old age then its their decision if they give a share to their kids or not and no one can force them for this.Now if the new law is passed and the property which here is the house in which the old parents or unmarried sister is living and if the son is not taking care of them but if he gets divorced and if he is unable to pay the money to his divorced wife then the Judge will order his parents to sell the house and pay the dues to the daughter in law.

Now please tell me why Indian law is punishing the parents for the deeds of their son and issues of daughter in law and why there are no laws to protect the rights of old people in India ?



Learning

 5 Replies

Advocate Ravinder (Advocate/Attorney)     08 August 2013

As long as the age old parents are living, nobody can touch the property. Once they expire, then only the property will become inherited and flows to his son.  So, the divorced wife cannot claim anything of aged parents.  Once the parents expire, she can claim.  

Rita---------- (T)     10 August 2013

I want to know if the husband's family has many houses and they r staying  in any 1 of them then they can give the other house to DIL after divorce ,correct?

Reformist !!! (Other)     10 August 2013

I dont think she will be able to claim anything from ur parental property.

After parents pass away, then she can claim property which is inherited to you via your grandparents and not parents.

Parental property is not at all mentioned in IrBM.

sunil (NA)     10 August 2013

Hi LCI experts,

  In case grand pa has 10 acre of land..

Then father and uncle (total 2) then it will come to your father 5 acre..

After that if you are two son.. then it will get devided and husband will get 2.5 acre of land..N.B In such case there is not remain any thing in father or mother's name and they are staying with elder brother (at that time they don't have any house, they are staying at rented house)


If this 2.5 acre, husband sell to any body (or brother), showing that he loan money for his study purpose, so he sold it..

Now husband has very little in his name.. say about a small house and in addition brother, father and mother all staying in a rented house..

By the time wife are two sis ter only.. No brother.. and they have a big house and enough proerty..

In such case how much share wife will get?

R K........ (Analyst)     11 August 2013

Don't worry, the main focus of Govt. is to clear the food bill first and don't think sufficient working days left in parliament to take up such kind of issues. MOst probably it will go down to winter session of parliament 


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