No your wife has no right on your self acquired or your inherited property.
Ancestral property
I am married and having one daughter. my father got his property from mygrandfather. after the death of my father, property got transferred in the name of my mother and me. but i gifted my share in property to my mother. can my wife claim from that property.
Asked 6 years ago in Property Law
Religion: Hindu
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17 Answers
Wife has no share in your property
2)you are at liberty to gift property to your mother
3) it should be duly stamped and registered
Wife can't claim ownership rights in your property at the most she can claim alimony. In this case she can't claim
No your wife cannot claim any right over the property gifted to your mother by you because after legal transfer of property The property losses it's ancestral character and become self acquired property of the owner.
No your wife can not claim any share in the property.
Wife has no share in the property of husband.
Whether this ancestral or self acquired is of no difference either.
However the child has right of share by birth in the property of father if the same is ancestral.
So in this case even if you transfer your share in favour of your mother, your child can dispute the same in court.
Hi
You can gift your property to any one, but the same needs to be done after paying requisite Stamp Duty and duly Registering it before the concerned Registrar.
Your wife cannot claim right in the said property.
Dear sir,
since you have gifted your share in the property which you got through intestate succession. The property is immovable, hence the gift deed is required to be mandatory registered. Now, your wife can not claim share from the property as of now. But after your mother, those share will be again devolving as per intestate succession. so, i would suggest you to get a will from your mother where she can transfer the whole share in your name.
Hopes that solves your query.
You can contact me for consultation. if any.
Regards,
YUGANSHU SHARMA
If your father had intestate succession than daughter have copercenary right. Before her birth, you gifted the property than she dose not have.
If from grand father to father, it was not intestate succession than daughter have not.
your wife has no share in said property even if it is self acquired or ancestral.
Your share of the property inherited from your father is your own and absolute property, hence you can dispose the same in any manner to anyone of your choice.
Neither your wife nor your children can claim any share in it as a right.
After india-pakistan division my grandfather purchased property in India. After his death, the division of property happened and that property stands in the name of my father and his brothers as their respective shares. After the death of father property stands in the name of me and my mother. Is this ancestral property? Now I want to do give my share to my mother through gift deed. Can my wife and child raise objection in this regard. Will they have any right over this property. Or suggest me another way.
Asked 6 years ago
Property is inherited up to you intestate and on the birth your child, property has acquired ancestral status. Child have claim in it but not wife.
You can gift only your share. You can gift the full share, but that can be challenge by child if not minor or by your wife on child behalf.
it is not ancestral property
2) property which has remained undivided for four generations is ancestral property
3) you are at liberty to execute gift deed in favour of mother
Property inherited up to four generations of male lineage, which means father, grandfather, great grandfather and great-great grand father is called ancestral property. You are at liberty you can gift said property share to your mother without consent of your wife and children's.
No your wife can't raise objection she can only have right after your death
No it is not ancestral property. You are absolute owner of your share and you can make gift deed for same . No objection against gift or transfer Is maintainable.
No this is not ancestral property, it becomes your father's own and absolute proeprty since ther was a proper partition among the siblings and his share of property was under his possession and enjoyment till his death.
As your father is reported to have died intestate, the properties left behind by him shall devolve equally on his own legal heirs consisting his wife and children.
Therefore if you want to transfer your share in the property to your mother's name, you can execute a registered release deed in her favor relinquishing your rights in the property.
Neither your wife nor your children can raise any objection towards the action of transferring your share in the property to your mother's name.
They dont have any rights in your share of property.