• Wife right over parental property

Hello,
My family(father, mother, sister) is living in karnal and me and my wife living in gurgaon in my father house. 

1)Can my wife claim residence right in my father house even if i move out and stay in other alternate rental home And give her alternate residence.
2) Anyway we can deny resident right to my wife by transferring property to anyone else from my father.

Thanks
Asked 10 months ago in Family Law
Religion: Hindu

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16 Answers

Wife can claim right to stay in matrimonial home 

 

2) you can offer her alternative accommodation 

 

3) your father is at liberty to sell the property 

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. As per law wife donot have any right in the properties of her in laws but under Domestic violence Act she can claim residence in her matrimonial house. If you go strategically then this right can be avoided.

2. No. Transfer would complicate the matter.

If required consult with detail. 

Siddharth Srivastava
Advocate, Delhi
1279 Answers

5.0 on 5.0

She can’t claim the same it house is the self acquired property of the father. She can only claim accommodation from you

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

1 . As per Hindu Succession Act, your wife cannot claim any right over your & your fathers property during your life time , except she can claim residential right from you .

2. No need to transfer the property to any person , as she has no right over his property during your life time. However you should not take property from him. 

Mohammed Shahzad
Advocate, Delhi
13543 Answers
201 Consultations

5.0 on 5.0

Your father can execute gift deed in favour of sister 

 

your wife cannot claim any rights on property standing in your sister name 

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

There is no need to do that as she can any ways prove the transfer is malafide way. She can’t claim your father’s property in any manner 

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

No benefit to transfer property to sister. Your wife donot have any right in the property of your parents. It is incorrect that your sister would be to ask your wife to leave or to vacate the house easily. You are required to take few preventive measures to avoid wife possession. Details are required yo suggest measures. 

Siddharth Srivastava
Advocate, Delhi
1279 Answers

5.0 on 5.0

This question is debatable in some cases courts have  ordered the wife to stay in the same house where she came as bride during the time of dispute it depends on the case how it moves during contest but she has no right to ask any share in the property of in laws as an alimony.

Another case she will have the right to get the eliminate as agreed by both the party and court have acknowledge the agreement

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1.  Your wife is entitled for some matrimonial home but not your father's home only. She can be accommodated with you in a rented home.

2.  Your wife can't claim any share in your father's residence during your lifetime.

3.  There's no need of transferring the home in your sister's name.

 

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Dear Client,

Wife's Right to Residence in Parental Property:

A wife can claim a right to reside in her husband's property or the matrimonial home. This could potentially still apply even if you move out and provide an alternate residence for her.

 

Denying Residence Rights:

Transferring property to someone else solely to deny residence rights to your wife might not necessarily be a straightforward solution. Courts might look into the intention behind such transfers and whether they were done with the intent to evade legal responsibilities.

Transferring Property to Sister:

Transferring property to your sister might not necessarily prevent your wife from claiming residence rights, especially if it is deemed that the transfer was done to circumvent her rights. The laws and regulations around property transfers and family rights can be complex and may have provisions to prevent such maneuvers. Additionally, transferring property can have tax and financial implications that you should consider.

Anik Miu
Advocate, Bangalore
9206 Answers
111 Consultations

4.7 on 5.0

1. If you are ready to provide her an alternate residence then she cannot claim residential rights in your father's property.

2. That is a decision to be taken by your father but he need not be frightened about your wife's action in this regard.

 

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Your father himself can issue a legal notice to your wife, if he is hesitating then he an transfer the property to your sister as proposed so that your sister after acquiring the title can evict her through due process of law.

 

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

- Even your father is having right to evict his son and daughter in law from his self acquired property due to their mistreat 

- However, if your sister is married , then this can be possible 

Mohammed Shahzad
Advocate, Delhi
13543 Answers
201 Consultations

5.0 on 5.0

She can not claim the right in your father's property, no need to sell to anyone else

Connect to discuss it further

Anupam Pandey
Advocate, East Delhi
13 Answers

Not rated

The daughter-in-law can exercise her right to live in the shared household, which is completely owned by the in-laws until her husband finds alternate accommodation.

Being the husband you will have to provide for alternate accommodation or monetary value of rent in such circumstances.

Transferring the property from your father to your sister is not advised.

Gaurav Ahuja
Advocate, Faridabad
63 Answers

Not rated

Answer for Q1 - No wife cannot claim residence right from In-Laws

Q2 - Yes you can deny resident right to wife if you have already given her alternate residence and your parents can sold that property if required.

Q. No need to transfer property to sister just to vacate property from wife, if not required

Your wife cannot ask for residence right from your inlaws, if you are living seperately and debarred by your parents

she can ask for residence right only from  you

Harsh Kumar Sachdeva
Advocate, Delhi
44 Answers
3 Consultations

4.3 on 5.0

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