• Property issues

Hello 
Can my wife has authority to claim the share in my self acquire property if I had a 6 month boy. And can I sell my self acquire property without asking my wife.
Can my in laws has authority to live in my house
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

Wife has no share in your self acquired property 

 

2) she only has right to stay in her matrimonial home 

 

3) she can seek injunction restraining sale of said property 

 

4) your in laws can come and stay in your house for some days 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

1. Wife has no share in the property of husband irrespective of the nature of the same.

2. However the child born out of this marriage has share in the ancestral property of husband.

3. However wife ad not the in laws has right of residence in the house owned by husband or taken on rent in a case under PWDV Act. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

No she doesn't have a matter of right.  You can sell the same without her authority

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Your wife does not have any share in your property. You can sell it as per your wish . In-laws have no right to stay in your house.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hi

In reply to your post,

Your wife does not have a right to claim a share in your self acquired property.

You can sell the same without asking your wife.

No, your in laws cannot have authority to live in your house, but as dependants they can at your mercy.

However, if the provisions of Hindu Succession Act, 1956 applied to case on hand, in case "husband" pre-deceased wife intestate the wife & children will have right in the property left by deceased.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Wife has no right in your self acquired property you can freely sell same. No.consent is required.

Without your authority in-laws cannot live in your house.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear,

        - no your wife has no right to claim the share in your self acquire property.

        - yes you can.

        - for some days not for whole life.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Wife has no right except right to residence and without your permission non can stay in the house. Trespass.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Yes you ccan sell your property without asking your wife. 

She does not have any right on the self acquired property 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

you can sell your self acquired property without consent of your wife,  she can only claim maintenance not more than that. 

your inlaws cannot have rights to stay in your house permanently. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Neither your wife nor your child can claim any share in your property now or later on as a right not at least during your lifetime.

Your in laws have no rights to reside in your house.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes you can sell your self acquired property without consent of anyone.

your wife cannot claim any share from that property in your life time. 

No your in-laws doesn't have any authority to live in your house. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. The wife can ask for a share, if she has filed for divorce;

2. Your in-laws cannot forcefully stay in your house;

3. You can sell your self-acquired property without anybody's permission;

4. Consult a local lawyer, with full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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