Wife can not demand share in property of husband during his life time
Bombay High Court
Jayamati Narendra Shah vs Narendra Amritlal Shah on 18 January, 2014
CORAM : MRS. ROSHAN DALVI, J.
Citation; 2014 (2) MHLJ 739
Family - Entailment for Injunction - Demand of partition - Plaintiff had filed suit claimed partition of immovable properties and mandatory injunction directed to handover those properties to Plaintiff and usual permanent injunctions against alienation - Hence, this Notice of Motion - Whether Defendant had rightly filed notice of motion to oppose grant of adinterim reliefs - Held, it was only Hindu widow who got interest of her husband in coparcenary or joint family property upon death of her husband - There had been no partition in HUF in which husband was coparcener - Husband had not acquired any specific share in coparcenary property - In disputed property deceased who was member of her husband's (Defendant's) HUF would have share - However deceased could not have demanded partition - Thus claim by wife during life time of husband in share and interest which he had coparcener in his HUF was wholly premature and completely misconceived - Therefore injunction in respect of such property could not be granted as claimed - Hence Defendant should not alienate, encumber, part with possession or create any third party rights in equity shares held by deceased - Notice of Motion disposed of.
Ratio Decidendi:
"Party shall not alienate, encumber, transfer, part with possession or otherwise create any third party rights, unless proves that party can make demand partition in HUF properties."
-https://www.lawweb.in/2014/04/wife-can-not-demand-share-in-property.html
