A wife can claim no share in the ancestral or self acquired of husband, father in law or mother in law. The right of wife to share husband’s ancestral/self acquired property accrues only after demise of husband.
Rights of wife
We entered in a JDA for area sharing. At that time I was unmarried but I married after execution of JDA. As per JDA, developer have to allot our shares of flats In JDA we are three people I.e me , my father and my mother is there. Now my question is Is my wife have rights to receive her share of flats?
Asked 3 years ago in Property Law
Religion: Hindu
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12 Answers
No, she is not a joint owner of the property and she is not a part of the JDA
She has no rights in property nor entitled for any share for whatever reason.
Wife has no rights to receive any share in flats allotted to you
Tell you are alive she will be not entitled for sharing.
No, your wife will not have any legal rights to demand for her share of flats. However, voluntarily, if you and your parents decide to give your wife a share in the allotment of flats, it can be done.
It is not clear in whose name/s the property covered under the JDA stands, whether in your single name or in the joint names of you and your father. Allotment will be made only on that basis.
Hello,
- As of now the wife does not have any rights in the properties that belong to her husband.
- In case of any marital dispute between you and your wife, she can claim main tenance, alimony/ compensation from you. The court will take into account all your assets both movable and immovable while arriving at a decision or passing an order.
- Therfore, strictly speaking your wife won't receive any flats as her share in the limited sense.
She is entitled to your share alone.
G.RAJAGANAPATHY
the wife solely by virtue of the marriage is not entitled to ask for a share in the flats to be allotted under the JDA
- Since, the said flats are in the name of your father , mother and you and not wife , then she will have no right to claim any share during your life time.
Dear client after marriage your wife also have the right over your property.
She can have right tor maintenance and residence rights not ownership
