Wife's right in her husbands self earned property?
shivam
(Querist) 23 August 2012
This query is : Resolved
Dear Club
Our father has a house cum land property which is in the name of our parents i.e, my father and mother are the joint holder of the property.There is no will written by my parents. Can my father give the entire property to my elder sister[who is married,working]without giving it to my mother after his death or before his death? If my father gives the entire property to my sister can my mother claim it as my mother is the joint holder of this property?This house cum land was purchased by my father after his marriage in West Bengal. PLEASE HELP.....
Adv.R.P.Chugh
(Expert) 23 August 2012
Since it's the joint property of your father and mother - the father at best can move and alienate his share of the property and not your mother's
ajay sethi
(Expert) 23 August 2012
father cannot give entire property to your sister . at most he can bequeath , gift 50%share in the property
Adv Archana Deshmukh
(Expert) 23 August 2012
Father can can alienate only his half share in favor of anyone he wish but not the entire property. The half share of your mother cannot be alienated by the father.
