• Can wife surrender her automatic share in property before divorce

I am 10 yrs married and have two kids. I am constructing a house on a HUDA plot. My mother was the original allotte and the plot was subsequently transferred to me after marriage. 

Now I am constructing a house on this plot my taking a construction loan on my name. My purpose of constructing the house was to provide security to my kids. I have lost trust on my wife and have reasons to doubt the intentions of my-in-laws.  I have read that a wife has an automatic ownership of husband's property and I fear that she may use this option in future. I want to keep the property only for the kids future needs and looking for legal options for this. Can my wife execute a surrender deed for affidavit to surrender her claim on that particular property equally to both the kids?

My wife has no income of her own and I have been the only earning member. I am supporting her in all ways and would continue to do so. I also have a life insurance of substantial amount with my wife as a nominee and would like to keep it for her.
Asked 1 year ago in Property Law from Gurgaon, Haryana
Religion: Hindu
1) wife has no share in husband property 

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

3)you as absolute owner can make a will bequeathing the house to both your kids 

4) if you file for divorce wife would be entitled to maintenance as she is not working 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) wife has right to stay in her matrimonial home . she can obtain stay restraining you from selling the house . 

2)you can offer her alternative accommodation .

3) it is always advisable not to purchase any property when you are planning  to file for divorce 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1. The wife has no 'automatic share' in the property of her husband or in-laws. She has no share in the property of her husband during the latter's lifetime. Unless he dies without making a will she does not succeed to his property.

2. You are at liberty to draw a will to transfer your property to your kids or anyone you desire.

3. You are also free to give your property on rent.

4. Without your permission she does not have the right to even enter your property. 

5. If she occupies the property forcibly you can file a case for her eviction.

Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. Wife has no share in the property of her husband. However she has right of residence in the property of her husband. To enforce this right she can file case under section12 of pwdv act.
2. If your wife takes forcible possession of your property you can not evict her.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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Hello,

1) First of all your wife does not have any right in your property automatically as you put it and therefore she does not have to surrender her rights in favour of the children.If you die with out a Will wife will have an equal share along with your children and your mother.

2) As long as you are alive it is your responsibility to look after the needs of your wife and as such you have made provisions to do so.

3) Your decision to rent the house can not be disputed by any one as it is your absolute  right.

4) She can not occupy any house that is owned by you as long as you are providing her accommodation in your house.

5) Do not be intimidated by the fact that her father is a lawyer.a lawyer can not get away with doing anything unlawful.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. Execute and register a will bequeathing all your moveable and immovebale properties in the name of your kids,

2. Ensure that your will clearly demacates the immoveable properties  clearly by metes and bounds to ensure that there is no ambiguity or quarrel between your kids for properties after your demise,

3. Your will also should distribute all your immoveable properties like FDs, LIC maturity amounts, for which your wife is the nominee,  amongst your kids.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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1. Your will should categorically mention what you do not want with your property,

2. Make some of your friend as the executor of the will,

3. Even after this will your wife acts illegally, the executor should act to execute your will as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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There is no such law that a wife will become an owner automatically in her husband's property after marriage with him.  You have been wrongly told or misguided by someone with some inner intention.  Let her father be a lawyer he cannot frame new law on is own for the benefit of his daughter. 
She can claim residential rights alone that too in the house where her husband resides and not in all those places where he has properties. 
If you want the rental income to go to your children alone, you can ask the tenants to deposit the rent with the bank where you can open an account on their names by placing yourself as guardian to the minor children. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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