Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar   27 August 2016

wife's share in property?

Hi iam Kumar. Married in Mumbai for 12 yrs and have a son aged 9. Wife has filed for divorce U/S 13, cruelty. I have land solely on my name at karnataka and at tamilnadu, purchased after marriage.. Can my wife claim a share in these properties? Money source to buy these properties are from my salary.


Learning

 10 Replies

madhusudhan varadarajan (Manager)     27 August 2016

Yrs. Your wife can claim maintenance for her and her son. If she is employed, then court can provide relief, but you have to pay maintenance for your son. With regard to property, your son has right to take share in the property.

Advocate Bhartesh goyal (advocate)     27 August 2016

Your wife and son can claim maintenance only and have no right and share in your self acquired property.

saravanan s (legal advisor)     27 August 2016

Yes Mr goyal is right.no share can be claimed by your child or wife from your self acquired property. The child can claim only from the ancestral property

Vijay Raj Mahajan (Advocate)     27 August 2016

Your wife can claim her share in your self acquired property only after your death and that too if you die intestate namely without making any Will with regard to your self acquired property, during your lifetime she has no right to claim share in your self acquired property.

Subhomoy Das (Retail Manager)     27 August 2016

Almost familiar case with me. I have bought a flat before my marriage. The flat is in joint name me with my mother. My wife doiesnt staying with me for last 5 yrs. we had a son. My wife is working in a Govt. School and staying in the school hostel alongwith son.  Few months back my mother executed an unconditional gift deed  gifting her share of the flat in my name and now i became the sole owner of the said flat. I have filed a divorce case against my wife on account of desertion. Now can my wife claim her right on the said flat. Is she eligible for maitenance as she is working in a Govt. school. I am ready to pay maintenace for my son but not for my wife.

 

***  IMP :   Can my wife claim maintenance or claim her rights from my mothers cash, jewelleries...... etc. ?

 

Subhomoy Das (Retail Manager)     27 August 2016

Mr. Goyal & Mr. Sarvanan...

Can wife / son claim share on properties acquired by husband through Gift Deed ?

Can wife/ son claim share on properties acquired by husband by inheriting property as a legal heir?

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     27 August 2016

The wife or the son cannot claim any share in the properties acquired by the husband through a gift deed or those which are sekf acquired.

As far as inherited property is concerned, the son can claim a right only if it is established that the said property is ancestral. If it is not ancestral, then the son has no share.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

saravanan s (legal advisor)     27 August 2016

Mr das your wife can't claim any share in whatever you had mentioned. Since she is working in a government school she is not eligible for maintenance if you can prove that before the court but you need to pay maintenance to the child

saravanan s (legal advisor)     27 August 2016

Mr das your wife can't claim any share in whatever you had mentioned. Since she is working in a government school she is not eligible for maintenance if you can prove that before the court but you need to pay maintenance to the child

Ashish Davessar (Advocate)     04 September 2016

She cannot claim a share but she can claim the right to residence therein.

 

 

Advocate

Rajasthan High Court

Jaipur


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query