Wife has no share in property standing in husband name
she only has right to stay in her matrimonial home and can seek injunction restraining sale of property by husband
prenuptial agreement is not valid in India
How protect assests in a potentially bad marriage
Namaste My younger brother got married to his college mate against the wishes of our family. After 2 years of marriage and the birth of his first child, he is now worried that his wife might have actually married to him for his properties. Although we suggested him Pre nuptials at the time of the marriage, he ignored our suggestions. He is now looking to protect his share of ancestral property just incase his marriage goes from bad to worse at a future date. What are the ways that he could do that?
Asked 5 years ago in Family Law
Religion: Hindu
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8 Answers
His child will certainly have rights in ancestral property. You cannot deprive him of his right. As a wife she will also have right to share in the ancestral property. Any transfer of property to deprive your son or wife is illegal under Section 53A of Transfer of Property Act, 1882.
Also my family has no intention of abandoning the child or even my brothers wife. We just want to ensure that my brother is protected from any malicoius intent of his wife that is if she really has one. Pls do understand that nobody is trying to ruin the marriage. We are only trying to protect the rights of the kids and not deprive of them.
Asked 5 years ago
Don’t keep any property in brother name
he can relinquish his share in ancestral property
Dear Sir/Ma'am,
1) Pre nuptial agreements are not valid in India.
2) Wife has no claim over the ancestral property of husband, until the husband is alive.
3) Only if the husband passes away intestate, wife can claim share of his property and at time of partition of ancestral property.
4) Child can claim share in ancestral property as a right.
Thank you
Dear sir,
Since it has been mentioned that you are a Hindu, pre-nuptial agreements are invalid under the Hindu Marriage Act. So, repentance on that point is unnecessary. Also, as you are saying that the property in question is ancestral in nature, wife and children accrue rights over it only when, your brother dies. But, still if you wish to protect the interests over the property then maybe you can register a release deed signed by your brother for some amount and say he needed it for repaying some personal loans or something when/if confronted.
It may be noted that neither his wife nor his children out of his wedlock are entitled to claim any rights over his property at least not during his lifetime
The ancestral property you refer now may actually not be an ancestral property at all, hence until he acquires any such proeprty, let him not be worried of that situation.
If you are so much interested in your brother's welfare and his married life then better do not interfere in his married life.
If at all his wife is creating any problem towards his proeprty or filing any lawsuit claiming share in his property, it can be challenged then properly as per law, hence it may not be a matter of concern now.
Tell him to create a third party right before all cases and transfer the property in relatives name. That's the only solution. But he needs to pay her alimony in any condition but she cant ask share in property legally
