Husband's share in wife's property(gifted by wife's brother)

Originally posted by : Murali
	Hi Sir, There is a property in my mother's name, this property was first bought by my Grandmother which was later registered to my Uncle (My mom's brother) who inturn gifted it to my mom. Can my father ask for a share in this property ?  Regards, Murali

No, your father has no share in that property

Thank you for the quick response Sir but may i know why he doesn't have any right on this property ? 

The reason for asking this Q is - i have read that husband have equal rights in wife's property after wife's death (If there is no will). 

Originally posted by : Murali
	Thank you for the quick response Sir but may i know why he doesn't have any right on this property ?  The reason for asking this Q is - i have read that husband have equal rights in wife's property after wife's death (If there is no will).

Dear Murali,

You have not mentioned in your previous post that your mother has expired, If she havn't prepared any will then of'course husband has share.

Thanks Sachin ! She is alive , May god bless me to be with her for long long years  :) Just that she had this doubt in her and hence i had to clarify it here. thanks for your quick response Sachin !

It is believed that all involved are Hindu.

Confirm!

The nature of property that devolves by inheritance, gift, WILL etc  is self acquired.

From the narration by you in your query the nature of property is ought to be self acquired.

Rest you may show the mutation records and all link docs and inputs and facts on enjoyment of property to a very able LOCAL counsel specializing in revenue/civil matters and well versed with succession laws that apply in this case and your customs and your state laws for a considered opinion.

You have not posted by which valid/registered deed the grandmother registered property in the name of your uncle?

Property from Mother’s side is not ancestral.

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother(if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

While; In case of Hindu Female the nature and source of property matters.

In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

In case of WILL, prefer to register, as registered WUILL is not easily set aside on the counts of authenticity.

Any WILL can be contested and in such case the WILL lands up in probate court of pecuniary jurisdiction. This has its own cost and time factors.

It is mandatory to probate the WILL in areas of Bombay, Madras, Calcutta………..

As your mother is alive, she can dispose her property by a valid/registered deed n her life time e.g; WILL, Gift, sale, transfer, release, settlement deed with life rights etc etc , in anyone’s favor…