• Wife's right on business property received through a Will

Hi, 
I married in 1995. Have a daughter who is turning 18 on 23rd Sep 2015. I left my house in 2011 and staying in rented house. My wife with daughter is staying in a house owned (Pagdi) by my mother. Me and my wife had decided to wait for divorce till my daughter's 12th std exams. After exams when I approached her for divorce with mutual conscent. She did not agreed with terms. The terms were
1. I will with consent of my mother transfer the house in her name where she is staying now. 
2. I will bear 100% expenses towards my daughter including her marriage. 
3. My daughter is 100% nominee of the commercial property worth 2.5 Cr. 
this commercial property stands in name of my proprietorship business title. And I became proprietor of this business thru my dad's will. 
I have No other property in my name. Have couple of properties in my share-but at present in my mother's name. 
Now since she did not agreed the terms. My wife filed DV case against me my mother and sister. 
She has claimed her right to stay as matrimonial house. 
Can my wife / daughter (when she turns 18) claim the share in my business property. If yes how much is their share. 
My wife is earning and draws salary as per current pay commission and is around 35000/- per month. 
At present I am not earning we'll have filed ITR for 9.1 
She is asking 30,000/- maintenance towards expenses for my daughter. Her engineering education. 
I am ready to pay that willingly but not thru court orders. How can I prove court that I am not earning well at moment. 
Is my wife eligible for permanent / one time allemoney ?
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) you had made a good offer .

2) working wife is not entitled to maintenance

3)wife has only rights to stay . she cannot claim ownership rights on the house 

4)wife has no share in your property 

5) daughter cannot during your lifetime claim any share in your property 

6)as father you are responsible to pay your daughter education expenses . 

7) your income tax returns for last 3 years will be taken into account to determine your income . if you dont have any income now it should be reflected in your income tax returns 

8) working wife not entitled to maintenance or alimony
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, it is the duty of the husband to maintain his wife and daughter but in your case wife is also working drawing a salary of Rs. 35,000/- and she is capable of maintain herself.

2. As per Supreme Court guidelines if the wife is working and she is capable of earning then she will not entitle for maintenance.

3. But while deciding the quantum of maintenance there is no hard and fast rule but if you able to establish before the court that you have no sufficient income then your wife will not entitled for maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Can my wife / daughter (when she turns 18) claim the share in my business property. If yes how much is their share. 
The business property was acquired by you through a bequest made by your father in your favor through his Will, so this becomes your own and absolute property in which, during your life time nobody including your mother or wife or daughter has any right to claim any share and it is your own will and wish to make any settlement in anyone's favor or not and again it is your decision to dispose the property as per your proposal,  you either have to take anyone's consent for this nor does anyone have any right to interfere in your decision or make any objection to it.  Therefore neither your wife nor your daughter can claim any share in  the business property except they  can claim maintenance by quoting the income derivedfrom the business sources accordingly.



My wife is earning and draws salary as per current pay commission and is around 35000/- per month. 
At present I am not earning we'll have filed ITR for 9.1 
She is asking 30,000/- maintenance towards expenses for my daughter. Her engineering education. 
I am ready to pay that willingly but not thru court orders. How can I prove court that I am not earning well at moment. 
How you are proving is not important, how will she  be able to prove your income from salary and other sources will play a vital role and how you're going to  defend the same will  depend  on your strategy you plan to apply here. 



Is my wife eligible for permanent / one time allemoney ?
The question will arise only at the time of deciding a petition filed by her seeking it and it depends on various factors that whether she will be eligible for that or not.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Neither your wife nor daughter can claim any share in the property which you own in the capacity of a sole proprietor. During your lifetime none of them have any share therein. If either of them claims a share therein you can contest it in the court.

2. An earning wife is not entitled to claim financial support from her husband except if she has been subjected to harassment of mental or physical nature.

3. You are bound to maintain your daughter as long as she is a minor.

4. To prove your earning you should produce your it returns and pay slips in the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Your wife has the right to stay where her husband stays but not at her mother in law's rented (pagdi) house,

2. Your mother and sister also should file a DV case against her,

3. Your daughters can not claim share or ownership of your business during your life time,

4.Your daughter's expenses are to be jointly borne by both of you since she i employed,

5. She is not eligible for my permanent alimony in the given circumstances. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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