Family & property law

Originally posted by : TIRTHESH SHAH
	Dear All, I would like to know about the right of the hindu wife over the husband share in the ancestral property.Is the legal position same for the Sikh or Jain wife ? Further will it be possible for husband to give up rights in his ancestral property in favour of his parents to avoid the same being demanded by estranged wife of husband. Regards, Tirthesh Shah

Assuming that your father died interstate, then one share each for

Widow (your mother)

Son

Daughter

 

Sikh and jains are Hinduas according to HMA 1955, hence Hindu succession Act 1956, so above rule applies.

If you the husband want to transfer property to your mother or brothers or sisters, you need to take permission of your wife.  This is a moral obligation and not a legal obligation.  Wife has no say with regards to property inherited from your ancestors ie your father who died interstate.

Wife has no share in the property during husband's life time; she has only intestate rights of succession.

Thus wife gets no right to demand for ancestral property share of husband during the lifetime of father. Husband actually wanted to tranfer(renounce) the inheritable property right(during the lifetime of father) in the favour of his parents so that in the event of marriage going sour,property can protected by husband family from demand by his wife. I suppose that would be legally valid arrangement. Pls reply

During her husband's lifetime, a wife has no claim to his ancestral property. Only coparceners of a Hindu joint family (Mitakshra) are entitled to inherit ancestral property. Because the wife is not a coparcener, she has no right or title to the ancestral property. There is a case when the wife has a right to the husband's ancestral property. When the ancestral property is divided, each coparcener receives his or her own part. The ancestral property then becomes the coparcener's self-acquired property. If a coparcener dies intestate, his property is inherited by his wife, who is a class I heir. In terms of self-acquired property, the wife has no rights during the husband's lifetime. A wife is entitled to a share of her husband's self-acquired property after his death. If her spouse dies intestate, she will be entitled to a part of the estate (without making a will). If the husband does not leave any property to his wife in his testamentary will, the woman will receive nothing from the deceased husband's self-acquired property.

To know more please: https://www.lawyersclubindia.com/articles/can-a-wife-claim-her-husband-s-ancestral-property-in-india-14074.asp

Hope this helps

Regards