• Right on property of a divorced wife

I am a government employee, I got divorced from my wife with her mutual consents . I got married again and have two issues from my first wife one son and one daughter and one daughter from the second, present wife. It was settled at the time of divorce mutually that I will not claim the custody of children s and she had received all the maintenance amount for her self and of children as well. in spite of this she filed a suit for maintenance and court allowed only maintenance of children. The amount fixed by court is being deducted from my salary and transferred to her every month. I have property in the shape of agricultural land and house in the name of joint family which was inherited from my grand father. now my x wife claims share in that property. can she do so if yes to what extent, also can children  from my x wife claim share in this property. it is pertinent to mention that property is sill in the name of joint family i.e. my elder brother, sister and myself and my mother who got expired and one younger brother who is also no more. Please answer I will be grateful to you.
Asked in Property Law from Yamunanagar, Haryana
Religion: Hindu
Hi, as per law wife is entitled for only maintenance and she is not entitled for right in the property but your children can have a right over the ancestral property.

2. Your children can  claim only to an extent of your share in the property and not others share in the properties
Pradeep Bharathipura
Advocate, Bangalore
4202 Answers
153 Consultations

4.3 on 5.0

1) your ex wife has no share in your property 

2) you  make a will bequeathing property as you desire 

3) if you die intestate your children from first wife will have share in property along with your second wife and children from second wife 
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

1) will is valid as executed by your father in law in presence of 2 witnesses 

2) if as per will property was bequeathed to your mother in law she would be absolute owner of the property . 

3) in case any daughter challenges will it has to be proved that father in law was not of sound mind or will was forged . 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

1. Challenge the order of maintenance in higher court. Considering the ssituation the amount would be decreased.
2. The wife has no share in the property of husband or ex husband. However the children can claim share in the ancestral property of their father.
3. The relinquished deed made by your wife would make her disentitled to maintenance.
Devajyoti Barman
Advocate, Kolkata
7265 Answers
82 Consultations

4.9 on 5.0

Hi, as per law will has to be signed by the two witness and if the will is dully attested by the Thasildar it has no validity in the eye of law.
Pradeep Bharathipura
Advocate, Bangalore
4202 Answers
153 Consultations

4.3 on 5.0

 I have property in the shape of agricultural land and house in the name of joint family which was inherited from my grand father. now my x wife claims share in that property. can she do so if yes to what extent, also can children  from my x wife claim share in this property.
If this property is not  coming under HUF then your children cannot claim a share in the property that belongs to you absolutely. Your ex-wife has no reason even to come nearer to the property, she dont have any rights in any type of property especially after she is divorce. 
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

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