Can my wife lodge a claim on my father's property
souren ghosh
(Querist) 05 March 2016
This query is : Resolved
I am seperated with my wife for last 3 years. i have one 125 CRPC running whose interim order has been awarded to my wife. I did motion against this interim order and some amount has been reduced. i also lodged a case of restitution of conjugal right along with visiting rights of my child which has been initiated two months back. My father has some property along with our residential house. he is a serious patient of aplastic anemia, which one type of cancer. my wife went to our mucipality office to enquire about our property. now my question is that can she claim her right in my father's property. she has already claimed maintenance and if our case moves towards divorce then she will be entitled for alimony as decided by the court. even after that she can claim my father's property in case of his death. i have one sister and mother alive. please guide what should i do.
adv. rajeev ( rajoo )
(Expert) 05 March 2016
If the property is ancestral property then your wife can claim her share thru., her/your child
Devajyoti Barman
(Expert) 05 March 2016
It appears you are from West Bengal. If that is so then there is no concept of ancestral property and there is no right of succession by birth.
So in other words neither your wife can claim right of share in your father's property nor your child through you.
Rest assured.
R.K Nanda
(Expert) 05 March 2016
agree with experts.
Rajendra K Goyal
(Expert) 05 March 2016
Your father can bequeath the property in favor of any person during his life time.
Dr J C Vashista
(Expert) 10 March 2016
Well advised, nothing more to add.
However, I am not aware about the local laws in WB qua non-applicability of coparcenery rights of a child, hence it would be better/advisable to consult Mr. Devajyoti Barman, a senior lawyer and expert practicing in Kolkata, you can seek his contact, if you feel.
