• Protection of property from being challenged by wife

Hi...I am Dinesh Rathor from Nagpur I m having one male child. I am suffering from matrimonial dispute and the child is now residing with his mother in Amravati. and I received RCR decree in my wife's us 9 of HMA and and my divorce in 13(i&ii) and custody in GWA cases are pending in Amravati court. Now, My Father Mr. Narayan Rathor is having self earned property of 3 plots and one self bought home at amravati and self bought agricultural land of 5 acre in buldhana and some ancestor land of 3 acre in Akola. My father has prepared notary of WILL note and mentioned the distribution of 5 acre land and 3 plots, one house of amravati after his death to my other bother and sisters' name. he didnt give me anything in the will and i attached my consent for this in the will. and the property he received from the ancestor, he is going to gift it to his daughters.
now my wife is keeping the child only for the his share in these property.she is waiting for the death of my father and death of me so that she can claim the right of my child in the property of my father and the property of me. i am having one flat at BUldhana which is on home loan i have also made my notaried WILL and given to my sister after my death She will return this flat to my child when he will brought up to 25 yrs. My knief told me that she is going to file case of PARTITION of property of child in my father's property. she is going to file case for right of half share in property? 
1) is it sufficient for my DAD that his WILL note will protect the property not to be gone in her hand ? or it should be registered Will ?
2) if not, Please suggest me the correct way, how could i stop my father's property to go in her hand ?
3) does my father can gift ancestor property of Akola to his daughter ? All (CHACHAs) have already made partition among them and doesnt have any issue in my family.
4) after death of my seld and my father wether she can harrass my other siblings or my mother by asking maintenance through HAMA act ?
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

1. Wife has no right of share in the property of father in law. You are unnecessarily depriving yourself from the share of your father's property. During his lifetime your wife can not claim the same nor on his death as wife has no share in the property of husband either. Wife has only right of residence in the property of husband. Will is not required to be registered or notarised.

2. So even if your father gives this property on his death you wife never receive the same.

3. Ancestral property is liable for equal division among all legal heirs.

4. No she can not.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

Daughter in law has no say/right/claim in in laws property. And your son has no right in grand father`s property. After his death, u will inherit property and after your intestate death, it will devolve in your child. So, there`s no need of WILL if property is self acquired by your father.

And through WILL, your father named/transfer the property to any of choice and dis inherit any legal heir including u.

On partition, property has become your father`s personal property and he can gift/WILL the property to any of his choice.

Wife can claim from husband only and non other. And after divorce she has no claim in your property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your father want to give his property to your brother and sister then he can do so, if the property is self acquired. If the property is ancestral then grandson can claim his share. If the ancestral property is partitioned then it is no more an ancestral property, therefore after partition or division of property the ancestral property cease to be an ancestral property anymore.

If a person dies after making a will then his property is distributed as per will. If a person dies intestate then it is divided as per law related to that.

If your wife and son is dependent on you then Court can order you to pay a certain sum of money as maintenance.

If she harass your family members then they can lodge a police complaint.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. During the lifetime of your father and thereafter during the lifetime of yourself, neither your wife nor your child will have any right, title and interest on the your properties irrespective of whether your father executes a will or not. Your father can will his properties in favour of your brother and sister in that case you will not get anything for your wife's laying claim on it after your demise. A registered will is preferred since challenging its authenticity gets reduced after registration.

2. Your father can will it in your name also and in turn you can register a conditional will bestowing your property to your son after your death or to your sister after your death with a condition that the property will be transferred in the name of your child when he attains 25 years of age.

3. Ancestral property is different i.e. the property title of which has not been changed from last 4 generations. The property has already been partitioned. So, it is not an ancestral property. Your father can gift the properties standing in his name to his daughter legally.

4. Neither your mother not your sister or brother has any legal responsibility or liability to maintain your wife and/or your son.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hi, As the property is the self acquired property of your father, either by you or your son has no right to claim share in the property of your father. He can dispose of the property according to his will and wish. So your wife through your son, she can't file a suit for partition against the self acquired property of your father.

Pradeep Bharathipura
Advocate, Bangalore
5394 Answers
310 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

a)she is going to file case for right of half share in property?

a) Even if she files nothing happen in Indian Courts, it will take years together. Be cool and contest the case leisurly

1) is it sufficient for my DAD that his WILL note will protect the property not to be gone in her hand ? or it should be registered Will ?

Ans: Yes it is sufficient but it must be registered.

2) if not, Please suggest me the correct way, how could i stop my father's property to go in her hand ?

Ans: Nothing will go to her.

3) does my father can gift ancestor property of Akola to his daughter ? All (CHACHAs) have already made partition among them and doesnt have any issue in my family.

Ans: Not required.

4) after death of my seld and my father wether she can harrass my other siblings or my mother by asking maintenance through HAMA act ?

Ans: Forget all the issues created by your wife. Why you are thinking of your death at this young age. Be cool and have some good friends. Your advocate will handle her.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) your father can execute will for his self acquired and inherited property

2) your son has no share in said property

3) once partition has taken place it ceases to be ancestral property

4) property which has remained undivided for four generations is ancestral property

5) wife cannot claim maintenance from your parents or siblings

6) your father can execute gift deed for his self acquired and inherited property

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

1) Your father can make WILL of self earned property and on that property Nobody can take objection on it.

2) Your father can make WILL of self earned and not of ancestral whole property, he will be able make WILL of his share of ancestral property.

3) Yes, your father can gift ancestral property of his share not whole property to his daughter.

4) She can't ask any maintenance after your death to anyone from your family members.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Your wife and children has no claim on your fathers property even without will. Even if your father doesnot make will the property shall be distributed in all you siblings she has no right on his property. You can receive property from your father and then can dispose directly to your son don't exclude from your fathers property share you can take it and you can sale transfer on your will.

2. It won't go any way she and your son has no right in your fathers property.

3. Yes father can transfer on wish , if partition it is no more ancestral property it is of your father property he can dispose as he want by will gift or sale.

4. No she can just ask maintenance from you not anyone elsem

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. first of all neither she nor your child nor you yourself can claim any share in your father's property as a right, therefore there was no necessity to bequeath the properties by executing a Will. Moreover this can be enforced only after his lifetime.

Therefore you can comfortably ignore her ill-knowledge and illegal claims.

No claim by her in this regard is maintainable in law.

The Will even if it is unregistered is valid if witnessed by two attesting witnesses.

2. Not only your father's property but also your property is very safe and secure.

She cannot claim any share in it as a right even on behalf of your child, hence you do not have to do anything about it.

3. From your contents it can be seen that it is not ancestral property but it can be treated as his own and absolute property,hence he can very well transfer the same to his daughter by a will or even by a registered gift deed.

4. Dont stretch your imagination too far, nobody's life and death is in their hands.

However, she cannot legally claim any share in the property if they have been settled or disposed during the lifetime of its respective owners.

She can ask for maintenance from her husband alone and not from others.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Registration is not compulsory for the will but if you register it's better. If your father has made Registered will then no issue. If you require more assurance then he can execute gift deed. Anyways your father's self acquired property cant be demanded by your wife as a matter of right. See in ancestor property all legal heirs have right including you and also your children at some point of time.She can only ask maintenance from you not from your father. She can claim rights only in your share of property if she is not divorced till your death.

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

Hi,

It is better to get the WILL registered. You father instead of writing a will, may gift the properties secretly to the sister/brother. He may also disown you and your wife. The better path is to gift the ancestral property or sell that by father itself. She may not ask maintenance etc from your siblings.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. She can claim the right on the ancestral property through the child, the child will get his share in the ancestral property. Ancestral property can not be distributed by means of a will or gift.

2. It will not go in her hand in any case, it will go your child.

3. Ancestral property can not be gifted, he can just gift/ relinquish his share in the property.

4. Only you are liable to pay maintenance till the time she does not get married, or till the time she does not get sufficient means to earn.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer