Flat rights/ownership claim

Shefali (Querist) 26 February 2018 This query is : Resolved
My brother bought a flat with some of his money and partly with our parents money(no name of parents in the sale deed as the loan was in brothers name and parents had given him additional money to reduce the loan amount ) and remaining on loan.
After few years he got married which was going in on fine.
After few months to close the loan our parents lent him more money and prepaid the loan.
He also gifted the flat to our parents since they paid more then 40% of the cost.
The house is now only on parents name.

Now since some months my brothers married life is facing some trouble.
Can his wife make a claim on this flat gifted to our parent even if she has not invested anything in it using any of the law like IrBM?

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Vijay Raj Mahajan (Expert) 27 February 2018
The wife of your brother has no right on the property of your brother during his lifetime or your parents by all means. The brother can dispose his property as he so desires during his lifetime and even after his death by making Will with regard to the property. After transfer of the property in the name of the parents the property belongs to the parents and they too can make Will with regard to the property for its disposal after their death.
In India the wife has right or share in the property of her husband only after his death and on his self owned property only if he dies intestate, namely without making any Will or such testamentary document.

Guest (Expert) 27 February 2018
She invested or not in the property, she does not have any claim on the property of your father, as he is now the absolute owner of the property after gift by your brother, provided the gift deed is registered and due acceptance is accorded by your father.

Kumar Doab (Expert) 27 February 2018
The father is title holder...owner.
Wife has NO forced share in property of parents in law...

Shefali (Querist) 28 February 2018
Thanks all respected experts for the clarifications.

Dr J C Vashista (Expert) 03 March 2018
Well analysed, opined and advised by experts, I agree.

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