share in property
Ramkrishna
(Querist) 27 April 2013
This query is : Resolved
Before my marriage, I accquired some land, now my question is has my wife or my children have any rights to it, if I want to sell it now can they object to it?
Advocate M.Bhadra
(Expert) 27 April 2013
If the property is self acquired by you then your wife,daughter and son can not claim during life time of you.You can sell without their consent.They will be successor and legal heirs when you left the property in your own name.
Under Hindu Succession Act, 1956, the properties of a Hindu male dying intestate devolves, in the first instance, equally on his sons, daughters, widow and mother and include the specified heirs of predeceased sons or daughters. The widow of the deceased is entitled to inherit equally with sons and daughters. The provisions of section 30 of the Act raise issues which are questionable in nature whereby the deceased husband, if he so desires, may write a Will and exclude his wife. The Will may contain bequeath of all his properties and no means of support to the widow.
R.K Nanda
(Expert) 27 April 2013
no more to add.
Rajeev Kumar
(Expert) 27 April 2013
No need for further addition.
prabhakar singh
(Expert) 28 April 2013
Properties acquired either before or after marriage by any person of any religion
belongs to the person himself and during his lifetime that individual is sovereign of that property and is free to deal them in his own choice and manner without any hindrance from any body, be it his wife,children or someone else.
Ramkrishna
(Querist) 01 May 2013
Sir,
Will the proposed bill which the government is trying to enact will change the position of self acquired, gifted and inherited property of the husband.
Advocate Ravinder
(Expert) 02 May 2013
If the property you own is ancestral property, your son and daughter can claim share, but not your wife. The bill is relating to ancestral property not self acquired property.
If this is your own self acquired property, you can gift it to anybody of your choice without the consent of your children and wife. If you die intestate(without writing will) then the property will devolve upon your children and wife equally.
