Can husband claim right on property of wife?
swasti
(Querist) 11 June 2012
This query is : Resolved
Wife bought a plot in her name and constructed house in it around 31 years back. She is housewife, and that time husband and wife was not in good terms so she sold her ornaments ie streedhan and borrowed money from her mother, who was a pensioner from govt. service. There is no evidence like bills etc. and also no evidence that she borrowed money from her mother, who passed away 25 years back.
All that time her husband was employed out side India and sending money through bank account which was just enough to meet her & two children daily expenses and paying the house rent.
Now wife wants to give half portion of the plot which does not include the house to her elder son through gift deed.
But husband is against it and claims that he has invested his money to buy the plot and to construct the house, so will obtain stay from court and file a suit for his right/share if she proceeds.
Younger son, 30yrs, with the support of father also claims that he has one forth right on whole property so will obtain a stay from court.
Father has another plots and house in his name and financially very sound also.
So, do husband or her son have any right on the above said property? If no, what are the precautions to be taken by wife before executing gift deed to avoid unnecessary legal complications?
Devajyoti Barman
(Expert) 11 June 2012
Well it is true that the husband can lay claim on the property in the name of the wife it is proved that it was made in benam of the wife whereas the fund was provided by the husband.
However please note that this type of suit is very difficult to prove and specially when you have invested as well.
So ignore their threats and go ahead with your plan of gifting the same to one of your son.
ajay sethi
(Expert) 11 June 2012
i would suggest let wife make a will bequeathing her property to her eldest son . dont execute gift deed and ruin relations with husband and other children
