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Krishna (NA)     13 July 2011

Wife's Right in Husband's Inherited Property

A female relative of mine needs guidance on protecting her husband's inherited property, located in Punjab.  The husband was gifted their house (where they live) by his father and is registered in his name.  He also inherited some agricultural land out of his father's HUF.  He acted as a personal guarantor for a loan to his company (a Pvt Ltd co., of which he's a Shareholder and Director) and had hypothecated this house.  There's a possibility of this guaranty being called by the bank due to inability to service the loan by the company, in which case the bank may force him to sell their house.

The wife feels that she (along with their two daughters) should have equal right on the house, being a gift from her father-in-law for the family's benefit, even though registered in the sole name of her husband.  Since she was not party to the guarantee and hypothecation to the bank, she wants to protect her interest in the house, and preferably prevent the husband or the bank selling it at all.

1. What are the Wife's and Children's legal rights in this situation on the house property? 
2.  Can she move a court or other legal forum in anticipation, or even after notice from the bank, to prevent this sale?  She doesn't mind the husband having to face separate recovery procedures from the bank.


 4 Replies

Adv. Vaishali Karloopia (lawyer)     13 July 2011

Children has a right over the father's property.

1 Like

Bharatkumar (ADVOCATE )     13 July 2011

Ans (1) & (2) - No.

1 Like

Ashok Yadav (Lawyer)     13 July 2011

Wife and the children have no right in that property. The property was gifted by the father of the husband to him and he is the absolute owner of that property, he can use it as he deems fit no need to get permission from wife or children.

The property was hypothicated with bank, now the bank can attach the property to secure its loan amount and the wife and children can't restrain the bank in doing so by any legal way. Bank has absolute right to recover its amount due on creditor by selling the hypothicated property.

raj kumar ji (LAW STUDENT )     13 July 2011

the property is ur father and ur father take a loan behalf of this property.and he is bound to pay the loan amount or interest in time when the loan is not submitted in time bank can recover the amount from this property no one can claim on that property .this property is bank property.

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