Property related matter
5 years ago
I have a house in the name of my mom. Currently my wife has filed case(domestic violence and dowry) against me. I want to know, in any situation if she( my wife) can legally ask for a share in house.
I am only son and have two sisters.
My mom is alive now.
Also need to know that in future if my mom will not alive in that case whether my wife can file a case for property or not.
Junaid Ali Khan
Responded 5 years ago
Sayaree Ganguly
Responded 5 years ago
If the property belongs to your mother then your wife has no right to claim a share in it as long as you are alive. If in future your mother dies intestate then her property will be bestowed upon her husband and children and if she makes a will then no such question arises. Your wife in no way can claim for a share in the property as long as you are alive.
Thanks.
Anonymous
Replied 5 years ago
Hello Madam, Thanks for information. As per your last sentence my wife cannot claim from my mom property as long as I am alive.
I have to make sure that my wife should not claim for the property in any scenario. Could you please explain what will happen in below scenarios. Scenario1: When my mom will not alive then as per rule, properties will be distributed among my sisters, my father and myself. At that time can my wife claim from my share (before divorce) ? Scenario2: when I and my mom , both not alive. At that time can my wife claim from my share (before divorce) with my father or sisters? Note: Currently my parents is not willing to make changes in the Will and I don't want to force them. I am worrying about future, what will happen if any of the scenarios become true. Please suggest some solution to avoid such conditions.
Suneel Moudgil
Responded 5 years ago
however, after demise of your mother (may she live long) she surely can make a claim from your share but as she had filed DV and dowry case chances are low presently that she will go for claiming her stake in property,
Anonymous
Replied 5 years ago
Dear Sir, Thanks for information.
I have to make sure that my wife should not claim for the property in any scenario. Could you please explain what will happen in below scenarios. Scenario1: When my mom will not alive then as per rule, properties will be distributed among my sisters, my father and myself. At that time can my wife claim from my share (before divorce) ? Scenario2: when I and my mom , both not alive. At that time can my wife claim from my share (before divorce) with my father or sisters? Note: Currently my parents is not willing to make changes in the Will and I don't want to force them. I am worrying about future, what will happen if any of the scenarios become true. Please suggest some solution to avoid such conditions.
Suneel Moudgil
Replied 5 years ago
1. she can make claim but chances of success are very low, she can get a stay order not to alienate the property but finally getting success in claiming property looks to be almost impossible, however, in law nothing is IMPOSSIBLE
2. yes, she being legal heir can make a claim and she will get for sure.
Shreyash Mohta
Responded 5 years ago
Under the D.V. Case the wife can claim
1. Separate accommodation and
2. Maintenance
Nothing else than that.
Coming to your next question about the share in the property of your mother.
Below are the general rules of succession if in case your mother dies without making a will.
15. General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
However, if in case your mother dies and has a will made [THEN THE CONTENTS OF THE WILL BE FOLLOWED]
YOUR WIFE [AFTER DIVORCE] cannot ask for a share in your mothers property, because, there is no mention of the same under the statutory rules.
Thanks
Shreyash Mohta
Anonymous
Replied 5 years ago
Dear Sir,
Thanks for information and explaining the laws. But in every rule there might be some loop holes, due to which my wife and their lawyers can take advantage of it.
So I have to make sure that my wife should not claim for the property in any scenario. Could you please explain what will happen in below scenarios.
Scenario1: When my mom will not alive then as per rule 1a , properties will be distributed among my sisters, my father and myself. At that time can my wife claim from my share (before divorce) ?
Scenario2: when I and my mom , both not alive. At that time can my wife claim from my share (before divorce) with my father or sisters?
Note: Currently my parents is not willing to make changes in the Will and I don't want to force them. I am worrying about future, what will happen if any of the scenarios become true. Please suggest some solution to avoid such conditions.
Shreyash Mohta
Replied 5 years ago
Sir as the above 2 scenarios require a lot of explaination which is not possible to provide here. For convenient and better understanding I suggest you contact me directly through vidhikarya. by way of phone consultancy or any other consultancy you think is appropriate.
Be informed that wife as no share in the properties of husband or her mother-in-law. She can claim only alimony on the basis of your monthly earnings only. See that your monthly earnings that is take home salary is very less.
For full procedure contact me on mobile through Vidhikarya.
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Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Anonymous
Replied 5 years ago
Thanks Sir,
Can you share your phone number ?
Rameshwar Dadhe
Responded 5 years ago
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