Wife share in husband’s future inheritable share of property
Divya
(Querist) 26 March 2014
This query is : Resolved
Respected Experts,
My father has filed a partition suit in a property (land) claiming a substantial share in the property solely owned by my grandmother. She expired 20 years back, property may be considered as a self acquired property of hers.
Issue is my mother does not have her sole residential flat as all properties were in my father’s name and suddenly he has faced losses in business due to conspiracies of my uncle who is the defendant in the suit.
Can a legally not divorced woman claim a certain share of property / money from her husband’s share of property which he will inherit in the future.
So in these circumstances, should she join as a party with the husband or oppose his claims claiming her share too?
She wants some money for her own residential house, hence how does she smartly go about the procedure.
Please suggest some remedy in this issue
Thankyou
Vidhi Joshi
(Expert) 26 March 2014
Yes she has right on the property too.
ajay sethi
(Expert) 26 March 2014
she cannot claim any share in properties which your father may inherit in future . she has only right of residence which she can claim under Dv act .
Rajendra K Goyal
(Expert) 26 March 2014
Your mother can claim maintenance and place to stay in matrimonial house.
She has no claim on the property which may be received by your father out of the property of your grand mother self acquired property.
