• Property rights of wife

We are a hindu family and my father is an adopted son of my grand parents. Grandfather left a property to my father in his will. What are the rights of my mother towards that property.

There are maritial disputes between father and mother and he is threatening to give the property to his relatives and not to his family (mother and children). Can my father legally do that?

The property is used for both residential and commercial purposes. A school is run on the property for past 25 years jointly by father and mother.

Father is 62 years old and mother is 52 years old. They have been married for 36 years. They have three children, eldest daughter is unmarried (33 years old), middle daughter is married (29 years old) and youngest boy is unmarried and working.
Asked 12 months ago in Property Law from Meerut, Uttar Pradesh
Religion: Hindu
We are a hindu family and my father is an adopted son of my grand parents. Grandfather left a property to my father in his will. What are the rights of my mother towards that property.
Your mother as a legal heir to your father can claim a share in his intestate property after his demise if he had not bequeathed he property through a Will.  



There are maritial disputes between father and mother and he is threatening to give the property to his relatives and not to his family (mother and children). Can my father legally do that?
Your father is the absolute owner of his property, he has rights to dispose the property in any manner he may desire to do so.  Your mother nor you can restrict him legally from proceeding that way.



The property is used for both residential and commercial purposes. A school is run on the property for past 25 years jointly by father and mother.
If your mother is a partner in the school business, she can claim her due shares in the income so generated through the said business, she can even drag him to court seeking her share of income form the business. 




T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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As per the will father has absolute ownership over  of the property. So he has every right to alienate / disposed of the property as per his wish. Your mother can file a case against your father for getting her share in the school business and this property can attach in that case. It may also delayed further transaction of the property. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1) your father is absolute owner of the property


2) he can bequeath the property as he pleases 

3) it is not necessary that he bequeath property to his wife and children 

4) your mother can only claim right to stay in matrimonial home and seek maintenance for herself and the  un married daughter . i presume unmarried daughter is not working 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1. Your mother or her children has no right on your father's property during his lifetime,

2. Your father can do whatever he wishes to do legally with his own property without anybody's consent,

3. Your mother will continue to stay as the joint owner of the school but not on the land on which the said school is run,

4. If your father dies intestate, your mother and all his children (assuming that your grandmother has already demised) will inherit his property.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. The property is at par with the self acquired property of your father, so he has the right to sell. gift or will it to anyone he desires. During his lifetime none of his heirs has any share therein.

2. The only right which your mother has is the right to reside in the property as long as she remains his wife. If this right is being defeated then she can seek a restraint order against the transfer of property by her husband.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0

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