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Dinesh Salaria (Engineer)     12 February 2010

wife's right over husbands self earned property

dear club

can anyone suggest the rights of the wife on the self earned property of husband?

can husband nominate anyone for that property and wife has no right over it.in case of a flat in which society recognize the nominee only can wife of the owner(died)have any right to claim her share.

wife is a senior citizen and have no income from anywhere and she was house wife during her life with no income from any sourse and husband was the only earner.

what she can do toget her share in her husbands property.



Learning

 28 Replies

R.R. KRISHNAA (Legal Manager)     12 February 2010

Wife has the right to claim the property / share of her husband's self acquired property.  Legally she is entitled for the same.  But if the husband has written a will or any deed transferring his self acquired property in favour of anybody then wife has no right.

 

 

Dinesh Salaria (Engineer)     12 February 2010

Thanks for the reply sir, there is no will but husband put nominee to one of the son and society says they recognise nominee only and not to the legal heirs as per the society laws.

R.R. KRISHNAA (Legal Manager)     12 February 2010

The nominee only indicates the person who is authorized to receive the flat from the society under the society rules.   The right over the flat however, can be claimed by the legal heirs (mother) of the deceased in accordance with the law of succession.

 

In your case both the son and the mother are legal heirs.  Hence both are eligible for equal shares. 

 

Let the son receive the property (flat) from the society as per the nomination rules.  The mother can later ask her share from the son and if the son fails to give share, she can file a suit.  Hence both mother and son have equal rights.  I hope your query is clarified.

 

adv. rajeev ( rajoo ) (practicing advocate)     12 February 2010

Wife cannot claim her share during the life of her husband. She can claim her share thru., his children. If the properties are husband's self acquired property then he can dispose the properties according to his wish and will. Nominee's duty is to distribute the property to the legal heirs of the deceased, he/she cannot claim anything. His or her duty is to only dishcarge the duty entrusted
1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     12 February 2010

 

 

If there is no will then both the son and mother have equal share in property.

If anybody refuse then court can help the other person.

Jatin Duggal (Advocate-Uttranchal)     12 February 2010

well you have not made it clear that the self owned property aquired by you is before marriage of after marriage

Dinesh Salaria (Engineer)     13 February 2010

it is after marriage, sir


(Guest)

Mr. R.R. Krishna and other experts well explained the role of a nominee.  Both wife and son have equal share on the property.  If son is not wiling to give the mother the share, she can take aid of the court.

Dinesh Salaria (Engineer)     13 February 2010

If anyone of the experts will shed light on wat procedure to be followed and what r the expenses.


(Guest)

Irrespective of whether the son has taken the possession or not of the immovable property, the mother has to file a partition suit in the civil court.  For that you have to engage an advocate.  The legal charges vary from advocate to advocate.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

While the person is dead, and in his lifetime he nominated a person for the flat therefore, not the mother/wife, but the son will be the legal owener of the said flat.

As it is self earned property, the person has the full right to do so, if it is ancesstrial property, then such right could be in question.

Before westing money, please first check  the section of the act, by the other club members, who is in view that the mother has also right, though the owener nominated the son.

Dinesh Salaria (Engineer)     15 February 2010

Gentlemen

 

Could you please shed some light on what Mr. Arup Kumar Gupta is Explaining. According to him there is no right of the mother on the above said property.


(Guest)

Mr. Arup Gupta's legal advice is wrong.  The Apex court and various high Courts consistently held that the Nominee's role is to facilitate the transfer of property and a simple nomination cannot over-ride the provisions of succession Act.  Mr. R.R. Krishna's legal advice followed by other experts unanimously say this thing.  I will quote some of the cases for your understanding.

1.  Sh. Ram Chander Talwar & Anr. Vs. Devender Kumar Tawar & Ors (Delhi H.C. -decided on 20.09.2004 by Justice R.S. Sodhi (Pertains to bank nomination.)

2.  Vishin N. Khanchandani & Anr. Vs. Vidya Lachman Das Khanchandani & Anr. (S.C.) - Visit Supe\uprem Court web site and in judis type the said party name and you get the full judgment.

3.  Smt. Sarbati Devi Vs. Smt. Usha Devi (SC)   - AIR SC 346 (Nomination in respect of the benefits of the insurance policy)

4.  Ashok Chand Aggarwal Vs. Delhi Administration - 1998 VII AD (Delhi) 639 DB

5.  Mr. Manmohan Kishan Malik Vs. Mr. Avtar Kishan Malik (Delhi H.C. decided on 13.10.2009 - Judge Sh. Rajiv Sahai Endlaw)

Go ahead and you will win the case.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

mr prabhakar  will kindly tell, the sec of hindu succession act, where it is mentioned that where nominee of a decased will be bypassed.


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