• Does husband have right on house which is in the name of wife

I am residing in kallakurichi. My father is causing trouble to get a share in the house or 10 lakhs rupees as cash that is under my mother's name stating that he has built the house.Does he have any right on this. His relatives are also causing a lot of trouble on this.
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

1. If the house stands in the name of your mother then except she no one can claim rights therein. 

2. If she is no more then it's inherited by her husband and offsprings. 

3. During her lifetime she can gift this flat to any person of her choice. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

If the house property is on your mother's name then nobody can claim any share in the property as a right. 

If your father is constantly troubling you then she can lodge a criminal complaint against him with the local police for initiating legal action. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Your father has no rights in the property hence he has no claim in the property. 

You may resort to legal action against him if he is continuously torturing your mother. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If the house belongs to your mother then he has a share.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He has an equal share. He may either file a suit or you may pay him an agreed amount.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Husband has no share in property standing in mother name 

 

2) mother can file DV case seek protection order , maintenance against your father 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Father has no share in property 

 

if he has contributed any funds he can claim share in property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Any immovable property in the name of Hindu female is her absolute property under Hindu Women Right to Property Act. Husband has not claim in it. No need to offer anything. Whatever he claims he has to prove by documents. Simply claiming will not establish anything. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

If the title and possession is with your mother then he cannot get anything.

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2306 Answers
8 Consultations

Dear Ma'am/Sir,

1) A Hindu women's self acquired property or property registered in her name is only hers.

2) Your father cannot claim right in the property.

3) Your mother has right to dispose off her property to you or anyone else.

4) Your father can only claim share if your mother passes away without will.

5) File complaint against father in police station or file for protection orders under DV act to stop your fathers harassment.

Thank you

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Hi, your father has no right in the property which was in the name of your mother.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- If the said property is in the name of your mother , then none having any right to claim over the same during her life time. 

- Hence, your father cannot claim any share in the said property only on the ground of expenditure in construction . 

- Your mother can lodge a compliant with the police and under the provision of domestic violence act against her husband and relative harassment 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

He doesn't have any right if the said house if self acquired property of mother and she doesn't ant to gibe her a share

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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