Husband transferred plot to his mother, so can wife or son ask for share?
Dear Learned Counsel/Advocates,
NOTE: Myself = Husband's name = Arnav
QUESTION:-
- When marriage was on shaky grounds, myself-Arnav/husband transferred his plot in my mothers name, as a GIFT-DEED. But now as working wife’s maintenance has been denied by the court, she has filed for a partition suit on that plot. Can she do that?
NOTE: The plot is in Arnav’s mothers name, and was transferred long back, before this partition suit was filed by Arnav’s wife.
- Does Arnav’s wife or son, have any rights in Arnav’s mothers own property? or the plot that Arnav gave her mother as gift-deed?
NOTE: Arnav’s father died, in 2003, even well before Arnav’s marriage.
MY UNDERSTANDING: After Arnavs fathers death, the fathers plots that was legally divided between Arnav and his mother, becomes their SELF-ACQUIRED property ........... right?
BACKGROUND: -
- Hindu Marriage in 2007
-Son was born, out of wedlock in 2008.
-Husband/Myself-Arnav, handicap due to accident, so wife left in 2009.
-Wife never let husband or husbands side of family to see his son.
-Husband filed for divorce in 2011. Husband unemployed due to handicap status.
-Whereas, wife is software Engineer, and earns Rs. 87,000 / month + Rs, 42,000/month rental income.
