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Divya (nil)     02 November 2009

wife's claim on inherited property of husband

Please help me with this query : My bhabhi wants to claim on sale proceedings of land which was in the name of my brother. This property was inherited by my brother from his grandfather. This was sold 3 yrs back. Now she has done a false 498A case & she is claiming that she wants 50% of that land sale deal. The deal had happend after my brother's marriage. She wants to make money quickly & we want a divorce of our brother & bhabhi. So when divorce comes, are we supposed to ay her 50%


 16 Replies

Suchitra. S (Advocate)     02 November 2009

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.

Vikas Dharmendra (Consultant)     02 November 2009

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..

Vineet (Director)     02 November 2009

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.

Y V Vishweshwar Rao (Advocate )     02 November 2009

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  - !


Sagar Gour (A Visitor of this Forum)     07 November 2009

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.

jagsher kadyan haryana (advocate)     08 November 2009

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

Kamal Grover (Advocate High Court Chandigarh M:09814110005     08 November 2009



I agree with my coleagues. She cannot claim 50%


Deepankar Dutt Sharma (Advocate)     09 November 2009

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

Deepankar Dutt Sharma



AMAN (student)     10 November 2009


Vikas Dharmendra (Consultant)     10 November 2009

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.

Adv Archana Deshmukh (Practicing Advocate)     10 November 2009

 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.

AMAN (student)     10 November 2009


Khaleel Ahmed (Legal Advisor)     23 November 2009

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

Hardik Mehta (Family Counsellor)     24 November 2009

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.

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