• How to protect my property in love marriage

Hi,

I am going to marry a girl i love. I wanted to protect my ancestral property which i have inherited from my father. In case of divorce will she also get half of my inherited property.

Also how can i save it. Shall i transfer everything to my mom name?
Asked 1 year ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu
1) your wife has no share in property inherited by you from your father 

2) she can oyclaim right to stay in her matrimonial home 

3) no need to transfer property in favour of mother 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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Hello,

1) As per existing  laws wife does not have any claim on husband's property be it ancestral or self acquired. She will be entitled to maintenance and alimony depending on a few circumstances and the discretion of the court if she approaches the court. 

2) You can transfer your property in your mother's name by means of a Gift Deed. Tis will help reduce the stamp duty and if you have no property in your name it is only your income that is considered in computing the maintenance and alimony.

3) The pertinent question however is when you are marrying the lady you love why should the thoughts of divorce and securing property cross your mind.Think of these only if the marriage turns sour.Let these thoughts not sully a marriage that has not taken place yet
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Under  the present law the wife has no share in the property of her husband, either self acquired or ancestral.
 So you have nothing to worry. Concentrate on your impending marriage.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Hi, as per law wife is entitled only for maintenance and she has no right to claim the property of yours  so you need not necessarily transfer the property to your mother.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1. As per Indian law, wife is not entitled to any share of husband's property during his lifetime. The 50% share of husband's property during divorce is applicable in USA,

2. You shall have to pay maintenance in case of divorce with your future wife,

3. Relax. Do not think of divorce before solemnising your marriage. 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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There is no rule or law that a wife shall get 50% of her husband's share on divorce so your wife cannot claim anything legally. Not only  your wife, nobody, during your life time, can claim any share in your own property.
Well, you said that you love a girl and want to marry her, you have not even married her but what makes you think of divorcing her even before the marriage could solemnise?
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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Under the Indian law a wife has no share in the self acquired or inherited property of her husband. So you do not need to transfer it to your mom.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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