Wife has no share in future ancestral property of husband
Husband is yet to receive his ancestral share of a property from his father. Before this happens, Husband and wife are applying for a divo. Can the wife file a claim for the future receiving ancestral property?
Wife can't claim the ancestral share of a property from his father, now when the couple wants to separate. However, if the couple has a child, then the child will be entitled to a share in the ancestral property, even after the divorce of the couple.
Under the Indian legal framework a wife has no share in the property, self acquired, separate or ancestral, of her husband. Her only right is to claim maintenance if she is not self sufficient. Maintenance can be executed as a charge on the property. So the answer to your question is in negative.
1. Wife can not claim her husband's property during the lifetime of her husband even while being in marriage with him.
2. So, she can not claim the inherited property of her husband after divorce when he is alive.
No, till you are alive she can't claim any share in the ancestral property. Once she is divorce she is not entitled for any share in the property.
Wife has no share i the property of husband whether the same is ancestral or self acquired.
She has only right of residence.
The property acquired by the father through his father cannot be termed as ancestral property in the hands of the son.
If the father has acquired the property from his father, then his share of property shall be considered as his own and absolute property.
In that case the son cannot claim any share in the property as a right.
If there is no right for the son in the property there is no question of any rights over the property to his wife or children.
Thus whether divorced or not the wife cannot claim any share in the property as a right at least not during the lifetime of her husband.
- As per law, wife is not having any right over the self or ancestral property of her husband during his life time.
- Hence, she cannot claim future ancestral property of husband.