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Simran (none)     10 February 2016

Wife's rights on property/assets?

Hello,

Please can anyone help out?

Family of 3: Husband (Decent Paying Job), Wife (Housewife) and a teenage Daughter (Collage Student).

Relation between the couple is not that great.

Husband has not shared any information about his income / asset with Wife in these 20 years of marriage. He gives very limited monthly amount to wife for household expenses. Wife has no savings of any kind in her name.

Now Husband has written a will and allocated all assets and property to their daughter's name. The daughter doesn't seem to give much respect to her mother either.

My questions:

1. Can Husband write off all his (self earned as well as inherited) assets to daughter's name like this?

2. Does wife have no legal rights on their house / money?

3. Tomorrow if the husband has to die, can the daughter expel her mother out of house?

 

Please help with your expert advise.

Thank you much.



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

1. Can Husband write off all his (self earned as well as inherited) assets to daughter's name like this?

 

Ans: - Yes. Since it is his asset hence his will.

 

2. Does wife have no legal rights on their house / money?

 

Ans: - Yes, since as per Indian law wife is only liable for her maintenance and residential rights on her matrimonial house.

 

3. Tomorrow if the husband has to die, can the daughter expel her mother out of house?

 

Ans: - Yes since there is no Indian maintenance law that state that daughter is also liable to maintain her mother.

Kumar Doab (FIN)     10 February 2016

IN his life time wife has no forced share.

The mother may succeed to cliam maintainance from daughter.

 

Consult an able lawyer.

Simran (none)     11 February 2016

Very shocked to here these facts. We were under the false impression that no matter she will get full rights on his property. But thanks a ton for sharing these details.

I guess consulting a lawyer immediately will be the right choice for her now.

 

Many thanks


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