Hindu sucession act sec.6
shivraj
(Querist) 30 September 2008
This query is : Resolved
in one case the first wife is demanded for partion in husband property which is ancestral in this time husband not supported to first wife and made will and sale deed of said property for not giving the benefit to first wife and discharge there right over property.After that wife filed civil suit against the husband for partition and demand the right over property.After few year husband died court note down following issues i.e
1.whether plaintiff proves that suit property is ancestral property of husband?
2.whether plaintiff proves that she is entited to claim partition and seperate possision in that property?if yes then her share? (imp issuee)plz reply.
ARVIND JAIN
(Expert) 01 October 2008
SHE WILL GET EQUAL SHARE IN THE PROPERTY.
Manish Singh
(Expert) 01 October 2008
The wife has no right to partition in the husbands property in this case. She is only entiled to maintenace for th whole life. But note one thing that if you are living in the same house of the Husband which is ancestral or so, no body can take u out from the same.
Go and file a maintenance suit and ask the Court to determine whether the said sale is prejudicial to the interest of your maintenance rights or what.
