My brother is having divorce, can I claim my part after his divorce split ? And will his ex-wife's part reverses back to me if that property she gets is ancestry. My father earned part of his property and part is ancestry. Situation 1. He transferred most of property to my brother name before he passed away. There was no will I know it for fact. And my mother is still alive, can she claim it or help something?
Once gift deed is executed duly stamped and registered your brother would be absolute owner of property
2) you and your mother have no share in property transferred by father during his lifetime
3) you have to file suit to set aside gift deed executed by father
4) prove that it was executed under coercion or undue influence or that father was not mentally fit at time of transfer
1. If you are sister then you are considered as class-II legal heir and if there is any class -I heir living of your brother then in their presence you can not inherit his property.
2. Class-I heir of your brother include his widow, children and his mother.
3. Divorce wife is no more legal heir of your brother.
4. However during his lifetime your brother can transfer his property in absence of his any children whether ancestral or self acquired to anyone he choose.
Through what mode property transferred to brother ? If duly transferred than sister have no claim.
part is ancestry ? who purchase this property ? great grand father ? if than sister have share, can claim anytime.
Divorce has no impact on sister share in property. Whatever property left on his death which are not transferred to brother in his life time, mother and sister have equal share on it.
Your sister in law would not have any share in your brother's self acquired or ancestral property. She can only claim maintenance from him if she has no source of income or is unable to maintain herself from her own income.
The properties which are still in your father's name would be equally divided between the class 1 legal heirs of your father. sister in law would have no share in those properties too.
Dear Sir,
Gift deed is invalid to the extent the property is ancestral subject to your father was alive on 9.9.2005. You have an equal right to the same.
File suit in civil court to declare the gift deed null and void and to declare title in your favour in proportion to your share.
Self earned property of your father gifted to your brother has become his property. You have no right or claim to this part of the property.
If a person dies intestate the property left behind by him will devolve upon his wife and children.
1) The property transferred by your father to your brother will hold good to the extent of his share only.
You can challenge the conveyance (transfer deed) before the court saying that the same was done under misrepresentation, coercion and that, your father was not well both mentally and physically and the same was got executed by your brother prevailing upon him. Your plea should be proved with substantial proofs.
Yes your mother and you can claim the share.
- As per the Hindu law, A property is divided into two types i.e. ancestral and self-acquired
- In case of Ancestral Property , A father cannot transfer or WILL property to anyone ,if he wants so, or cannot deprive a daughter of her share. Hence, by birth you have a share in the ancestral property.
- In the case of a self-acquired property, i.e. , where a father has bought the property with his own income , father has the right to gift/transfer the property or WILL it to anyone he wants, and here you cannot claim any share.
- Further, after the death of father, you and your mother both has share in the ancestral property .
- Since, your father has transfered all the property in the name of his son, hence you and your mother can ask respective share from the ancestral property as per law.
- Firstly you should send a legal notice to your brother for asking shares in the property being the legal heir of father.
- If, no response, you can get your share in the property after filing a suit for Partition.
- Further, your mother can relinquish/gift her share in your name as per law, if she wanted to do so.
Good luck and dont forget to rating Positively.
If it's ancestral property than your can transfer only his share to son and not yours. You're are still entitled for your share in the property and there is nothing any concern of your sister -in-law.
She divorce or not divorce she can't ask your share from ancestral property.
If your father has transferred property on your brother name still you're entitled to get your share in the property that also equally.
See if father transferred his self acquired property or inherited property to brother in his life you cannot claim any share in same in remaing property on name of father you can file a suit of partition and can claim share.
Further his wife has no right in the property. If from his share or property he transfer anything same.shall not roll back. He can just transfer his share.
1. IF property stands in name of Brother, on date of filing divorce, AND even IF property is transferred to someone else, THEN too the law considers it as "colorful transfer" which is done prior to two years of such transfer.
2. Brother can transfer /mutate via Gift Deed, all his properties to Mother via a two year pre-dated Gift Deed (Notarized, though Gift Deed is always registered). This way brother wont have any property in his name, for anyone to claim from and his Wife & Children is legally barred from claiming property belonging to Mother /Parents.
if property is self acquired then you cannot claim any share, if same is ancestral then you can claim your share.
if property is self acquired then Your brother is Absoulte owner, if your father transferred through Gift deed then it is not possible to challenge. after divorce her wife has no share in ex husband property. .
We are 3 sisters my mother and 1 brother in total. My father duly transferred his all property to my brother. 1.part of property is self earned by my father and part was from my grand father. 2.if we can prove my father's bought property with only source of income from grandfather's property. ( ancestry's property was only income source for funds). To avoid slipping property to his ex-wife (they are going thru divorce) what can we do ? Or what would have we done in past dates ? Or any claim we can make other than our father was mislead because it will be a difficult one in my case I know it for a fact. 3. Can v make claim of ancestry property after his divorce ? 4. How much property really she will pull off with ? Figures will be appreciated if talking about maintenance, keeping in mind my brother payed for buying her a business which earns her 1 lac a month. 5. Only 1 dependent child is still with her if that will effect the maintenance cost.
It is not ancestral property
2) wife has no share in husband property
3) if wife is working and earning Rs 1 lakh a month she would not get any maintenance unless there is substantial differences in your incomes
Property received from grand father is not ancestral property it is inherited and as good as self acquired.
See have no right on his property in the divorce.
See if property is dukh registered to him you have no right over same and no suit is maintainable.
She cannot seek any property she can desk maintenance only.
You forget about selfearned part of the property of your father.
The ancestral part of the property shall devolve upon all of you as follows.
Each sister and brother will get 6/25th share and mother 1/25th share.
The gift deed is void to the extent of ancestral part of the property.
Your brother's wife does not have any right to the said property. She can only claim in her husband's share to the property.
3. yes you can claim
4. She will get her equal share as per the law. Child maintenance will not be a question during share as it's duty of her husband.
1) It is not ancestral property.
2) Wife is not entitled to share in Husband's property.
3) If she earns Rs.1.00 lakh per month she is not entitled to maintenance. However, if her salary and that of your brother is having substantial variation, she is entitled (which needs to be proved).
4) Maintenance of child is bounden duty of the parents.
Wife has no claim in property whether divorce or not. And grand father property is not ancestral. If before transfer of property or death of father, grand child born than it is ancestral.
than child and sisters can claim from property acquired by great grand father, in your case, grand father.
Your brother's wife cannot claim any share in your brother's property be it ancestral also in nature.
She cannot claim it as a right at least not during his lifetime.
You can claim your legitimate share in that property even before the divorce case is disposed.
2. Your grandfather's property transferred to your father shall become your father's own and absolute property.
Hence in that property your father alone has full rights to disposes it in any manner he felt or desired.
Now the property transferred by your father in favor of your brother shall become your brother's own and absolute property.
In your brother's property nobody can claim any right for a share in it at least not during his lifetime hence his ex-wife cannot claim any share in it as a right.
3. You cannot claim any share in his property either then or even now.
4. . She cannot claim any share in his property anytime not at least during his lifetime.
5. He has to give maintenance amount to his child if not to his employed wife.
Ex wife cannot claim share in property as wife cannot claim share from the property of husband.
You cannot claim share if father have transferred his property to son.
But your brother can give share of property to your name if he want.
- No, can not claim even after divorce, because a wife has no right to ask for share during his life time of her husband.
1. You have a share at par with that of your brother in the property of your father if he died intestate.
2. Further, the share of your father in the ancestral property has devolved on his sons and daughters equally if he died after 9.9.2005.
3. A composite suit for partition can be filed to cull out share in both properties.
4. The divorce of your brother has no nexus with your rights and remedies.
5. Maintenance will be quantified by the court after factoring in the salary of your brother and the lifestyle led by his wife prior to separation.
