wife's claim on inherited property of husband

Divya ji, after getting out of S.498A and divorce case, your brother may have to give his wife maintenane amount fixed by the court if she asks for it. I dont understand why you people have to pay her 50% of the sale proceeds of your brother's property.

No Need to pay a single coin.....Ancestral property can never be claimed by Wife and even she can not claim in your Brother Property also.... Only thing she can claim is Alimony or Maintenance , if she is not working and earning,, and even that will be fixed by court.... Don't pay single coin extra..

Even presuming that land inherited by your brother from his grandfather is his HUF property, your Bhabhi cannot claim anything out of sale proceed as she was not a coparcener in the property.

I agree with the above  suggestions -  wife is not  coparcener and she herself can not  claim share or  hare in  Sale proceeds , her right is only  maintainace against  her husband , if  she is not  capable of earnign and support herself  - !

Right suggestions, A wife can claim for her maintenance & Alimony from her husband only us 125  Cr. P.C. and proceeding expenses u/s 24 Hindu Marriage Act. So no need to pay anything to such a greedy lady.  Fight against her in legal courts, you must win.

No .A wife can claim only maintance u/s 125cr pc and u/s 24 H M A

I agree with my coleagues. She cannot claim 50%

Regards

This is a very sad episode but  no need to worry & you can counter her in the court.

Deepankar Dutt Sharma

Advocate-Delhi

deepankardutt.sharma@gmail.com

09871033793

BUT IN THE SAME SCANARIO IF THE MINOR SONS ARE PRESENT AND THE MOTHER IS CLAIMING FOR THEIR RIGHT ( SONS)  THEN WHATS THE POSSIBILITY?

in this case also she can not claim, When minor son will major, he can claim or he will be legal hier of his shares in property.

 In case if the minor sons are present then the mother of the children can definately claim partion by suing on behalf of them as their next friend for their benefit.

THANKS AGAIN ARCHANA.......

She cannot claim in the inheritted property legally. The case filed by her under section 498/a is another issue. It is better to consult family counsellor  to resolve the issue

NO you are not suppose to pay her the 50% amount. I feel that she is asking the amount as the alimony in the name of the property sold.  498a is just to put the pressure on the case that you agree to her demands.

I would suggest you to tell your brother not to give the divorce till you are aquitted from false 498a case. File the visitation for the child if any. Till then she will just be frustated. Then file the divorce on the basis of cruelty and take the child custody. Do not bow to her demands.