• Mother's rights in family

I joined IAF in 90 as Airman. Married in 94. Mother widow staying with me & taking Freedom Fighter family pension. Few months after marriage I felt wife is of odd behavior. Fm d day I started earning fm AF I am living separate. In d year 98 my wife got employed in Govt. job as Primary Teacher at Gurgaon & I shifted to Gurgaon. Month after she got Job, she became more arrogant & started behaving bad with my mother. She started feeding hates in me by saying that your mother doesn’t like/love you & want us to take divorce, I ignored this. She said d same thing about my brothers & sisters but I ignored this also. Then She started saying the same things about my friends or neighbors’ who so ever were close to me & lastly I had to say that no one can make us to take divorce unless we both want. Then she started to threaten me that she will commit suicide. I said that the life of our small children will be ruined but she could not be persuaded, being fed up of her daily threatening, I asked her to do whatever she likes. After that she hardly threatened me and started living with little change. 
 Now as d money is increasing in her account, she is becoming more arrogant. She doesn’t want my brothers or sisters or other relatives to come our home & meet me or my mother. She keeps taunting us & now has stopped giving her food & other care. She wants the property to be divided in half & wants me & my mother to stay separately. She claims that she has given more money then we both. Whereas d earnings of we three have been nearly same of each other & I have used all my retirement benefits at home only. She is saving huge amount in her PF account. She started earning 8 yrs after me & my mother. 
More over my mother looked after my children hassle free as my was doing job & I being away fm home due to Defence Job.
Does my mother has any share in our property & how to deal with this type of situation.
Please advise me in details.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

Mother has no share in property standing in your name or that of your wife name

2) wife also has no share in property standing in your name

3) wife only has right to stay in matrimonial home owned by you

4) wife cannot claim partition of property

5) your mother can claim maintenance from you if she is unable to maintain herself

6) under provisions of senior citizen act mother can claim up to Rs 10000 per month as maintenance

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

If the property is in your name, then neither your mother nor your wife or children have any rights in it during your lifetime.

Let them contribute to the constructions or maintenance, since the property is in your name, nobody has a claim in it.

Your wife cannot claim any share , forget about half share in the property.

If she is adamant on that, ask her to proceed through court for that.

Divorce will not be a better option at least at this juncture, but that can be a last resort if inevitable.

T Kalaiselvan
Advocate, Vellore
87846 Answers
2366 Consultations

Mother has no share in property

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

1. If the property stands in the name of you and your wife, your mother can not have any claim on the same.

2. You shall have to decide as to what do you want from your matrimonial relationship with your wife. If you want to terminate it, collect evidence of her all cruel acts like insisting you not to take care of your mother or to leave her alone by audio recording her conversations.

3. Thereafter, you can file a divorce suit on the ground of cruelty submitting the evidence already collected by you in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

1) you can aexecute gift deed of your property in mother name

2) gift deed should be duly stamped and registered

3) return the money contributed by your wife to construction

4) you have no rights on wife salary even if she is staying at her matrimonial home

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

If you are interested to transfer the property to your mother's name, you may do it by executing a registered gift deed on her name.

Or if you want to just repay her amount, you can open a Recurring deposit account on her name and contribute the amount to that account every month and can handover the maturity amount later on.

Or thinking that you have taken loan from bank, and as if you are repaying the same through EMI, you can pass an instruction in writing to your bank to debit an amount regularly every month and transfer the same to your mother's account which would be more easier job.

If you want to do the same to your wife also, you can adopt one of the measures suggested above.

Matter of fact you having your own sources of income, you cannot claim any right in her salary nor you can seek maintenance from her through her salary income.

T Kalaiselvan
Advocate, Vellore
87846 Answers
2366 Consultations

1. Your wife has no right on any of your properties during your lifetime. She along with your mother and child will have equal share on your properties after your demise intestate (i.e. without executing any will).

2. You have no right on any of her earnings or streedhan/properties during her lifetime and she is entitled to stay at the residence where you are staying and also indulge in to activities for earning money legally which you can not stop.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

When both husband and wife are working both have to shoulder responsibility of children maintenance equally in proportion to their income

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

1. There is no provision of law which specifies that wife also shall have to contribute to the expenses for bringing up the children or is liable to contribute to the family expenses but it is mandatory on husbands. In one case there is a direction by Supreme Court on the husband that beg or borrow, you shall have to maintain your family.

2. However, it is expected that the earning wife also will share the expenses for bringing up the children.

3. In one case while deciding about the maintenance for child in custody of the employed wife, the Court decided that both husband and wife shall equally share the expenses to be incurred for maintaining the child.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

The purpose of both spouses earning is to bring up the family and the children properly and taking care of all issues including the expenses towards house maintenance, loans, medical expenses and all sundry expenses together jointly.

If you have to enforce it legally then you may have to approach court of law for this under the proper provisions of law, but that will trigger a long drawn legal battle, frustrations, false cases/allegations, spoiling the peace and happiness in the marital life, bringing disharmony between the couple, and many such disadvantages.

You have to look for and concentrate on steps for the best solutions/remedies than to worry/think about controversial issues.

T Kalaiselvan
Advocate, Vellore
87846 Answers
2366 Consultations

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