• Right of son in mothers inherited property at divorce

My wife and I intend to get a divorce. My wife inherited land form her father as well as Fixed deposits.
Can our son get a share in his mother's property during her life time. Can our son prevent my wife from alienating her property without protecting his share if any? Can I as husband claim a share in my wife's property or use the fact that she is wealthy to offset any claims she may have against my property?
Asked 1 year ago in Family Law from Chandigarh, Chandigarh
Religion: Sikh
1) your son cannot get any share in his mother property during her lifetime 

2) your son cannot prevent his mother from selling the property 

3) you have no share in your wife property 

4) your wife has no share in husband property 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) During the mother's life time the son and the husband have no rights in the property inherited by the mother/wife.If she dies without a will the rights will accrue.

2) As there is no rights currently, you on behalf of your son can not bring about a stay on her assets.

3) Unless you own any joint property your wife does not have any rights in your property and therefore offsetting claims doesn't arise. As you both intend to divorce by consent, you need to settle the issues of alimony/maintenance etc by consent and as such they will form part of your petition.The assets that she has can be considered at this time and she being a parent has liabilities to bring up the child despite you decide to part ways. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Can our son get a share in his mother's property during her life time
No, not only your son, even you are entitled to any share during your mother's life time from your mother's property or share of property from whomsoever she may have inherited. 


Can our son prevent my wife from alienating her property without protecting his share if any?
In your wife's own property also nobody can interfere or claim a share in the property nor they can obtain any injunction whatsoever. 


Can I as husband claim a share in my wife's property or use the fact that she is wealthy to offset any claims she may have against my property?
You have no rights in her property vis a vis she too has no rights in your property during both of your life times. 
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
5.0 on 5.0
Hi, The property is belonging to the women is her streedhan property she is absolute owner of that property your son or yourself has no right to claim right over the properties belonging to your wife.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Son has no share in the property of her parents during their lifetime. Your son will get a share in his mother's property only if she dies without making a will. During her lifetime she is at liberty to sell her property. 

2. You too do not have a share in her property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Your son has no right over his mother's and father 's property which they acquired by themselves when they are alive. 

Your son can not object to your wife's wish to selling her property .

If your status is divorce ,then how can you claim in your wife's property? and vice verse;Money and property is not an important  matter in life. Getting a good married life with children is important in life. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. Neither you nor you wife has any claim on each other properties during both of your life times, whether staying in marriage or being divorced,

2. Neither you nor your son has any right on your wife's property during her lifetime.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. If she dies intestate, her property will be equally shared by her husband and her sons including her son begotted from you,

2. She can do whatever she wishes to do with her property for which no body can raise any objection or claim.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
	If she dies intestate will her property go to the new husband or to our son?
Her intestate property will be inherited by her legal heirs


Is she makes a will can she will all her property to her new husband or any other party to the exclusion of our son?
If that is what is her desire, nobody can stop her from doing so and it is legally valid.  She has full rights to bequeath her property by  a Will in  favor of any beneficiary and she do not have to give a reason for excluding her son from the bequest made. 
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
5.0 on 5.0
1) on her demise her property will go to her  husband and your son 

2) she can by will bequeath property to anyone she pleases 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Her property will be succeeded to by her husband and son equally.

2. If she makes a will the property will devolve according to the will. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
IF she dies intestate her property goes to 
her husband on live and 
your son and 
new born son or daughter is alive .

If she create a will in her life time she can bequeath to any one as per her wish.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0

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