• Can I claim on wife's property

Before her death she has made a will of her property that it should get transferred on her mother name. Can I claim on that property.
Asked 1 month ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Property already bequeathed to mother by will. So you shall not have any  right to the property.

Kallol Majumdar
Advocate, Kolkata
1397 Answers
2 Consultations

5.0 on 5.0

1. During the ifetime of a woman no person has any share in the property owned by her.

2. So unless and until she gifts that property in your favour while she is alive she can not have right over the property.

3. She is well within her rights to make a Will of her property in the name of any person she wishes including her mother.

4. If she dies without a Will leaving a property and upon lone without any children then the property would devolve not upon you but upon the legal heris of her father.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Property has been bequeathed to your mother in law by will 


2) I presume Will is attested by 2 witnesses 


3)if mother in law applies for probate notice would be issued to you 


4) you can object to grant of probate 


5) it would get converted into testamentary suit 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

Property will devolve only as per the Will. The only way you can claim form your deceased wife's property, is by challenging the will itself. 

Are you willing to challenge the Will? It requires cosiderable expertise on the part of your counsel; cheap lawyers are available dime a dozen but they generally don't succeed in challenging Wills. 

So the question is, are you willing to consult an expert counsel and then appoint him/her to challenge the Will of your deceased wife in court? If you are, you must pay me a visit. I'm based in Mumbai/Navi Mumbai, just as you are, and so it shouldn't be much difficult for you to visit me. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four). 

The grounds on which the will can be challenged will be suggested to you, only if you take appointment and visit for consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1104 Answers
2 Consultations

4.4 on 5.0

No, you can't claim property if its self owned property and made a WILL. Before your wife, her mother expiry than you can claim.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

The wife's property only belongs to her children and tge husbNd has no share. If she has already made a will then you can do nothing.


Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0


In reply to your post, two things need to be  confirmed"

(1) whether the property bequeathed is her self acquired property ?

(2) If it is not her self acquired property, you need to prove the same.

Option (1) - If the property under question is her self acquired property, it is her discretion to give the same to any one.

Option (2) - If the same is joint / you also contributed to the same, there is chance  of you getting a share.


     - In order to prove the bequeath under the said Will your MIL has to prove the Will. 

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

Since there is will in mothers name you have no right and cannot claim property of your wife.

Shubham Jhajharia
Advocate, Ahmedabad
19367 Answers
76 Consultations

5.0 on 5.0

If it's her self acquired property then you can't claim it she can will it to anyone

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

No now you cannot claim that property

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Even if you challenge the will in court of Law, you may not be able to succeed

Because beaqeth is not in your favour, you wont succeed

Suggest not to waste time or energy in contesting the will. Moreover such endeavour will definitely spoil your relationship s with your mother in law

Deepankar Kataria
Advocate, Delhi
193 Answers

5.0 on 5.0

-  Under the present law prevailing in India , a husband cannot have any share in his wife's property.

- Specially, during her life time you cannot claim even any share from her property.

- But, as per law , she can transfer that property in your name by way of Gift Deed.

Mohammed Shahzad
Advocate, Delhi
511 Answers
18 Consultations

5.0 on 5.0

Dear Sir,

You must take a contention that such Will never executed by your wife voluntarily, but by playing fraud it was go executed.  File a suit for cancellation of the same.

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

1. IF the Will is not registered, THEN you can create a "dispute" about the genunity of the WILL and have it nullified to stake claim. IF Not that deceased's property will be distributed according to her WILL.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

your wife Property has been bequeathed to your mother in law by will, you have no rights. 


Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

1. The owner has an indefeasible right to devise his property would devolve after his lifetime.

2. Since your wife has made the will and bequeathed the property to her mother, you cannot claim the property unless she makes a subsequent will to cancel the existing will.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

This is my response to you:

1. Is the Will valid?

2. If it is invalid then you can challenge the same;

3. You will have to challenge the same in court before/or even after her mother file a probate;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

No, you dont have any rights in the property that belonged to your deceased wife especially if she has transferred the same to her mother by a testamentary disposition.


T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

a BIG NO if the Will is proved

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property was on her name.
  2. And the same fact gave her a right to give it to anyone she felt like.
  3. Her Will is almost impossible to deny except in some extraordinary circumstances.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

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