If it's self acquired has husband doesn't have any will then yes. Otherwise no
Will wife have any claim in property that was gifted to her husband by her father-in-law
Mr.A has self aqcuired an immovable property in Bangalore.He has purchased land in Bangalore and built a house on it. Mr.A has a wife - Mrs.B. Mr.A & Mrs.B together have 2 sons only namely - Mr.C & Mr.D (both adults). Mr.A & Mrs.B do not have any daughters. Mr.A has gifted his self acquired property jointly to Mrs.B, Mr.C & Mr.D. Mr.C is married to Mrs.E and they have no children. Mr.D is not married. If Mr.C and Mrs.E get divorced will Mrs.E have any claim on the property after divorce ? Will Mrs.E have any rights/claim on the property if they are not divorced and NOT living in the property ? Will Mrs.E have any rights/claim on the property if they are not divorced and living in the property ?
Asked 4 years ago in Property Law
Religion: Hindu
11 Answers
Since Mr. C acquired the property by way of gift, if he and Mrs. E get divorced, Mrs. E cannot have any claim on that property whether she lives in it or not.
1. Mrs. E will not have any claim over the gifted property of Mr. C after divorce.
2. Mrs. E will not have any claim over the gifted property of Mr.C, during his lifetime, if they are not divorced and not living in the property. However Mrs. E will be entitled for matrimonial home during the subsistence of marriage.
3. Mrs. E will not have any claim over the gifted property of Mr. C, during his lifetime, if they are not divorced and living in the property.
E will not have any claim on property after divorce
during her marriage E can claim right to stay in her matrimonial home
Ques: If Mr. C and Mrs. E get divorced will Mrs.E have any claim on the property after divorce ?
Ans. No. AT best she can cite the ownership of C upon a part of this house, and seek handsome maintenance from her husband.
Will Mrs.E have any rights/claim on the property if they are not divorced and NOT living in the property ?Will Mrs.E have any rights/claim on the property if they are not divorced and living in the property ?
The answer for both the above questions is 'NO'. Mrs. E can in neither case derives any ownerhsip right upon this property, or a part of it . As best, she can claim a right to shelter in this house, as this will be her matrimonial home(as provided under DV ACt) given the fact she has been residing in this house.
Hello,
- Mrs.E will not have any right in the property of her husband that came to him from his father, be it while she is married , divorced, whether living in the property or otherwise.
- The property in question will be considered as self acquired and hence no one has a claim during his life.
Hi, Wife has no right to claim share in the husband property she can claim only maintenance. In your case she has divorced and as per the terms of the divorce if she get any alimony or property that much only can claim by her not else.
Dear Client
It is an established principle in the inheritance of the property as per the family law that whatsoever is the property a person, after him, the same shall be inherited after him, by the wife and then the children.
With respect to your question, the wife also has a share in the property that has been gifted to her husband by the father-in-law.
Thanks
Pls Appreciate
Mrs. E is not a family member neither she has any interests in the property, therefore she has no rights in the property either divorced or remains married to C, either living in that property or not.
E will not have any ownership right in the property after divorce
if C and E are not divorced and not living in the property, then too E would not have any right
E will have a right of residence if she is not divorced with C and when C and E are living in the property
- No , Mrs E cannot claim any right over the property , except she can clam alimony at the time of divorce.
- Further, even there is no divorce , then also being the wife of Mr C , she cannot claim during the life time of Mr C, whether living in the property or not .
