Ensuring ownership of mother in case of divorce
I am getting my house sales agreement done for the loan.I am single right now the one who will be paying the loan.The process of including my mother as co-applicant is a hectic one as she is not working and has moved in with me(so no document proofs). This is delaying my loan process. But, i wanted to ensure the below things:
1.If i get divorced and my wife claims her share on the house though she is not a co-applicant, my mother's should hold a share that should not be touched.
2.If something happens to me, my mother should get the house ownership.
Can i ensure these things legally without making my mother co-applicant for the house.
Asked 3 years ago in Property Law from Bangalore, Karnataka
1. While dissolving marriage the wife does not automatically get any share in the property of the husband. She has a right of maintenance from her husband but no share in property.
2. on death of a husband his property devolves upon his mother and wife. Now if you want to remove such possibility then you can keep a registered Will ready with you whereby on your absence the property is left to your mother only.
Hi, the property you are going to purchase is a self accquired property so your wife no right to claim share.
?. If your mother is inclded as co-applicant she will become owner of half share.
1. Under the present law the wife has no share in the property of her husband, much less her mother-in-law. A bill seeking to give to the wife an equal share in the property of her husband is currently pending in the Parliament.
2. The only right available to wife is to seek financial support i.e alimony from her husband.
3. In the event that you predecease your mother, your mother along with your wife and children will succeed equally to your property. The share of your mother will remain indefeasible.
4. If you wish that your mother should get the entire property after your demise then you may execute a will in her favour. Alternatively, you may execute a gift deed in her favour.
1) If you have difficulty making your mother a co applicant, you can certainly make a will and have it registered so that on case you die before your mother the property will pass on to her by virtue of the will.
2) Have no concern about your future wife being able to claim a share of the house. In case of a divorce she will only have a right to maintenance of she is not working or able to support herself. So far there is no legislation providing 50% share to wife of divorced.
3) If you manage to add your mother as co applicant and in case you pre decease your mother and of you have wife and children at that time, the 50% share of your mother will remain untouched.
Thanks for the responses.
I have understood that i can execute a will to guarantee my mother the ownership of the property in case if i predecease her.
For divorce scenario:
if the bill is passed in a year in parliament and the wife could claim 50% share, will it be applicable to all the properties that were bought before the law was passed.
In that case, to ensure that my mother's share remains intact and wife could claim only 50% of my share(50% of the house), will adding my mother as co-applicant help? or the wife would have 50% right anyway on my and my mother's property.
Asked 3 years ago
1) possibility of bill being passed appears remote at this stage as there is lot of opposition to the bill that would give wife 50%share in husband property .
2) any amendments would have prospective effect . however the clauses of bill being passed by Parliament has to be considered before making a categorical statement .
3) your wife will have only 50%^share in the share owned by you . it would not apply to your mother share
1) if you buy property in joint names with your wife she has at present right to stay in matrimonial home .
2) she can file complaint under DV act and obtain injunction restraining you from disposing your 50%share .
3) she has no ownership rights but she can create roadblocks in your attempts to dispose of the property .
4) as advised by experts you can make a will bequeathing your 50%share to your mother
Hi, i don't think Bill may passed by present Government, but as there is a opposition from public at large.
2. In case of divorce your mother being a co-applicant will help you.
1. The bill may, on account of the stiff opposition it has received, never be passed.
2. Generally, such laws are prospective. However, the Parliament can enforce a law retrospectively.
3. As advised earlier, you can execute a will in favour of your mother.
4. Your wife has the right to stay in the matrimonial house. You are at liberty to dispose of your share by executing a sale deed or will, albeit your wife can under the present law seek a stay order from the court to restrain you from selling your share. The court will give you an opportunity to oppose the grant of stay order sought by her before it passes an order.
1. In case of divorce, your wife can not claim share of your immoveable or moveable property,
2. She can claim alimony, maintenance etc.,
3. In case of your demise intestate without divorce, your wife will be entitled to your property.
4. You can execute and register a will in favour of your mother to establish her future ownership.
1. No body can predict at this stage as to what shape the Bill will take and/or whether it will atall be passed or not,
2. It is very unlikely that the Bill will have retrospective effect,
3. Even if you do not execute any Will, your mother will inherit 50% of your property alongwith your wife, in the event of your demise.
after divorce your wife is entitle to get maintenance from you. and if she occupies any property of yours then she can retain it until you pay maintenance. so your wife has no right in your self acquired property. you have an option to execute a WILL in favour of mother and give all self acquired properties to her.
i can't predict what will be the future bill in this regard but must borne in mind that it is basic principle of law towards alimony that husband should not be punished because he has solemnized a marriage. so in all case wife can't get 50% share in husband's property because if wife get this right she will be in win win situation and she get huge property by solemnizing marriage and get divorce and marriage will be the unlawful tactic for acquiring property.