• Conjugal rights

What are my conjugal rights after my husband's demise. As my husband stayed separately in a different house than me fr past few years. He was living with a woman on the pretext that he needed her to take care of him during his illness. In 2004 I was coerced by him to gift that house (70%) on the pretext that it will be developed further and would help me at my retirement age. Other 30% of the house was already in his name. But now he gifted complete house to the son of the lady claiming that he is his biological son, with whom he was living in that house for past 4 years. He was never married to her. He threatened me not to go to that house and though I attempted to go he made the servants to lock the gates from inside. So now upon his demise what will be my rights, as everything belonging to him is in that house and his brothers are in support of his wishes though they know and acknowledge that I am his legal wife, with an age gap of 36years between us. He being so old to me and being an influential person always was having an upper hand and used to get his way whatever it is. He coerced me into marrying him when i was 26 years old in 2001, while i worked in his company then.
Asked 5 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Once gift deed is executed duly stamped and registered son would be absolute owner of the house . The gift deed was executed by you in 2004 

 

2) any suit filed by you to set aside gift deed would be barred by limitation 

3) on his demise as his wife you and biological son would inherit assets standing in his name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You Please file suit for share and title over the property before Court of law being lawfully wedded wife to your late husband. 

Another woman who was living with him has no right of share in the property but her son has right as per Hindu law and religion. 

You have definitely a share in the house and share in movable property as well.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Since your husband is dead,, to get conjugal rights, you have to remarry.

2. You are entitled to the share in his movable and immovable properties.

3. You can file a case in the jurisdictional competent court to cancel the Gift Deed executed by your deceased husband in favour of his son.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

If you have transferred your share in that property to him by executing a registered gift deed then your rights over the property stands relinquished from that moment onwards.

Therefore you have no rights over the property which he transferred to his biological son by a registered deed during his lifetime.

However you have rights over all other properties left behind by him at the time of his death in which the son born to his concubine also has equal rights.

You can consult a local advocate and proceed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As far as self-acquired property of your husband is concerned, he can dispose of the property according to his will, and you have no right to claim that property. But if your husband died interstate, you are entitled for share in the self-acquired property. In your case if your husband transferred his share to his biological son (if you challenge the status, he has to be proved as biological son)  .

The Supreme Court, in Vaddeboyina Tulasamma v. Vaddeboyina Shesha Reddi  case, highlighted the Hindu female’s right to maintenance as a tangible right against property which flows from the spiritual relationship between the husband and wife. The Bench comprising of Justice P.N. Bhagwati, Justice A.C. Gupta and Justice S.M. Fazal Ali held that Section 14(1) of the Hindu Succession Act, 1956 must be liberally construed in favour of the females so as to advance the object of the Act. This section makes female Hindu a full owner of a property, instead of a limited owner.

 

Section 126 of the Transfer of Property Act deals with laws relating to the revocation of gift deed for immovable property. According to this section, the donor may agree to revoke a gift transaction. A gift is a gratuitous transfer made voluntarily by the donor. Like a contract, if it can be proved that the consent of the donor was not free, then such a transaction can be revoked. If the consent of the donor is caused by coercion, fraud, undue influence or misrepresentation, then the gift deed can become voidable at the option of the donor. The period given to the donor to revoke such gift transaction is 3 years from the date of discovery of such facts. The right to revoke the transaction can also be canceled if the donor ratifies the gift either by saying so or through his conduct.

 

 So file a case for cancellation of Gift deed. Meet a local lawyer for that purpose.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

He has gifted the property to her. For that you cannot do anything unless you challenge the transaction wherein you gave tour share to him on grounds of coercion.

For other assets file a  declaratory suit asking the court to declare your share in his movable and immovable property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You will have residential rights only if the said house is your matrimonial home otherwise no. You can seek share from his property if there is anything ok his will for you. Or equal share if he died without will. You can seek maintenance from his family if he was part of a common family business

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per law, after the demise of husband , his property would be devolved upon you . 

- Further , if you was separated from him without getting divorce legally , then that lady is not considered his legal wife , and hence she is not having any right even after the death of your husband. 

- Further,  as per Section 16 of the Hindu Marriage Actthe children born to live-in relationship are considered legitimate and enjoy all property rights. 

- Hence, legally the property left by your husband would be devolved upon you and that son of that lady equally.

- Since, after releasing your 30 % share in favour of him , your husband at the time of death was having single ownership of the property .

- Hence, now this property will be distributed equally between you and that son. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You have gifted the house.  So you can not take back its ownership anymore. 

2. However if the house still belongs to your husband now then by applying under PWDV ACT you can get all of them evicted from your house and get an order of your residence alone in the house. 

3. If the house is gifted to another person you can file suit for declaration and injunction to set aside your gift deed and the subsequent deeds.

4. You can use force as well to enter into the house. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Madam, 

Your grievances are quite genuine and you are suggested to ask the rights of the portion which belong to you and anyone staying in that portion is liable to evicted. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Was this was mention in the git deed that in return of gift he will developed further and would help you at my retirement age. If yes than you can apply for cancellation of gift deed and recovery of possession.

Otherwise being his legally wedded wife, you have inheritance right in every thing he left intestate.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

as a absolute owner of said property your husband is at liberty to execute gift deed in favour of anyone. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You cannot claim share from that house if it is already gifted to someone by your late husband. 

2. But you can definitely claim share from his properties if not gifted or sold by him during his lifetime. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

File a police complaint that they are now allowing you to enter YOUR house.

File declaration suit for declaring the transfer of 70% share you your husband as invalid 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer