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Parvez Ansari (None)     14 August 2014

Right in my property

My wife and I are separated and my wife filed a DV case against me in 2011 and still in interim stage. I have one male child and one girl child. Right now I do not have any property in my name but my I would inherit undivded properties from my father of around 20-25 lakhs for my share.

My question is that can my wife claim in that property once I am entitled to my share after my father (god forbid). Can she file for partition.



Learning

 3 Replies


(Guest)

@Author,


1. Currently there is no Law which gives her right to claim your property or inherited property.


2. Whereas, in Muslim law a wife has legal right to enjoy the usufructs from the husbands property if her mehar/Dower is not paid after the contract of nikah.


3. However, she has no right to sell,mortgage,lease the husbands property, She can't become the owner of property even though her mehar/dower is not paid by the husband.


4. In Muslim law even your children's doesn't have right to property by Right by Birth.

Since, Muslim law doesn't follow  the representation of right by birth, unlike the coparcenary in hindu's law.


5. Your children could claim for property only after your demise once your inherited or self own property becomes open after your demise.

 

6. If you want to make a will then 1/3 of your property can be beneficiary to whom you want to give without the consent of any of the heirs.


7. Muslim law treat all properties as equal, there is no discrimination between properties as well as in shares after the owner's demise.



 

Good luck))


ESIS

 

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Parvez Ansari (None)     19 August 2014

Thanks experts.

That mean if after my father demise (god forbid), I get the share in my fathers property, she can not claim the right in my inherited property or file a partition in undivided property left by my father and inherited to my brothers and sisters and mother collectively.

1) Am I correct ??

2) For maintenace is that property also can be a criteria in deciding maintenace amount. ?

498 WARRIOR (wqeqeqe)     19 August 2014

dear ESIS,

If the wife does not have any right on husband's property, why does the court put a stay order on his properties.

My b**** has made 3 of my self acquired properties on stay. what does that mean ? how will she be benefited by that ? does that mean i cannot sell it now til the case ends ? If yes, then how easy / difficult it is to do so ?

 


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