• Can a wife (applying for divorce soon) claim future ancestral property of her 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?
Asked 3 years ago in Family Law
Religion: Hindu

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13 Answers

Wife has no share in future ancestral property of husband 

Ajay Sethi
Advocate, Mumbai
94839 Answers
7566 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5133 Answers
314 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Wife has no share i the property of husband whether the same is ancestral or self acquired. 

She has only right of residence. 

Devajyoti Barman
Advocate, Kolkata
22844 Answers
491 Consultations

5.0 on 5.0

Hi, you can't claim the property once the matter is settled in the Divorce Petiition.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
336 Consultations

4.5 on 5.0

No she can't. She has no right.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85039 Answers
2211 Consultations

5.0 on 5.0

No, she cannot claim anything which the husband does not possesses/owns at the moment. 

Vibhanshu Srivastava
Advocate, Lucknow
9613 Answers
303 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13286 Answers
198 Consultations

5.0 on 5.0

No , she have no right to claim the ancestral property of the husband.

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

No she cant

Prashant Nayak
Advocate, Mumbai
31975 Answers
182 Consultations

4.1 on 5.0

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