Transfer of property through Will and D.V act.

Querist : Anonymous (Querist) 30 September 2010 This query is : Resolved
Dear Experts,
Wife filed false 498a complaint against us and pending at police station for 2 yrs without FIR. We wanted to transfer all my father's property(self acquired)to my sister by Will, So that the property will be inherited by my sister after father. Can the wife claim any residential rights(D.V Act) in the house once it is inherited by sister?

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adv. rajeev ( rajoo ) (Expert) 30 September 2010
once inherited wife cannot claim residential rights under the DV Act.
It is not clear in your question whether your father wants to transfer his property to your sister or you all.

Ajay Bansal (Expert) 30 September 2010
NO.WIFE CAN NOT CLAIM IN FATHER'S PROPERTY AFTER DEATH OF YOUR FATHER,IF WILL IS NOT CHANGED BY FATHER DURING HIS LIFE-TIME.

Devajyoti Barman (Expert) 30 September 2010
If the property belongs to your father then what is the need to transfer it as the Supreme Court had made it amply clear that the wife has no right over the property not belonging to the husband.

B K Raghavendra Rao (Expert) 30 September 2010
As the property is self-acquired by your father, he is at liberty to alienate the same to anyone he likes. After the property is transferred to your sister's name, it becomes her property absolutely. Wife cannot have any claim over the same whether under 498A or otherwise.

Rajeev kulshreshtha (Expert) 30 September 2010
I agree with Mr Rao.

Y V Vishweshwar Rao (Expert) 30 September 2010
Section 2 (S) of D V Act-Shared House Hold. To be considered according to the Facts of Each Case.

s.subramanian (Expert) 30 September 2010
I fully endorse the view of Mr.Barman.

Khaleel Ahmed Mohammed (Expert) 06 October 2010
In your query you have not mentioned about your children.If you have children , then your wife can claim on behalf of your minor children.

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