wife's share in property?

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.

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. ?

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?

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

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

Advocate

Rajasthan High Court

Jaipur