wife's right over husbands self earned property

Wife has the right to claim the property / share of her husband's self acquired property.  Legally she is entitled for the same.  But if the husband has written a will or any deed transferring his self acquired property in favour of anybody then wife has no right.

 

 

Thanks for the reply sir, there is no will but husband put nominee to one of the son and society says they recognise nominee only and not to the legal heirs as per the society laws.

The nominee only indicates the person who is authorized to receive the flat from the society under the society rules.   The right over the flat however, can be claimed by the legal heirs (mother) of the deceased in accordance with the law of succession.

 

In your case both the son and the mother are legal heirs.  Hence both are eligible for equal shares. 

 

Let the son receive the property (flat) from the society as per the nomination rules.  The mother can later ask her share from the son and if the son fails to give share, she can file a suit.  Hence both mother and son have equal rights.  I hope your query is clarified.

 

Wife cannot claim her share during the life of her husband. She can claim her share thru., his children. If the properties are husband's self acquired property then he can dispose the properties according to his wish and will. Nominee's duty is to distribute the property to the legal heirs of the deceased, he/she cannot claim anything. His or her duty is to only dishcarge the duty entrusted

 

If there is no will then both the son and mother have equal share in property.

If anybody refuse then court can help the other person.

well you have not made it clear that the self owned property aquired by you is before marriage of after marriage

it is after marriage, sir

Mr. R.R. Krishna and other experts well explained the role of a nominee.  Both wife and son have equal share on the property.  If son is not wiling to give the mother the share, she can take aid of the court.

If anyone of the experts will shed light on wat procedure to be followed and what r the expenses.

Irrespective of whether the son has taken the possession or not of the immovable property, the mother has to file a partition suit in the civil court.  For that you have to engage an advocate.  The legal charges vary from advocate to advocate.

While the person is dead, and in his lifetime he nominated a person for the flat therefore, not the mother/wife, but the son will be the legal owener of the said flat.

As it is self earned property, the person has the full right to do so, if it is ancesstrial property, then such right could be in question.

Before westing money, please first check  the section of the act, by the other club members, who is in view that the mother has also right, though the owener nominated the son.

Gentlemen

 

Could you please shed some light on what Mr. Arup Kumar Gupta is Explaining. According to him there is no right of the mother on the above said property.

Mr. Arup Gupta's legal advice is wrong.  The Apex court and various high Courts consistently held that the Nominee's role is to facilitate the transfer of property and a simple nomination cannot over-ride the provisions of succession Act.  Mr. R.R. Krishna's legal advice followed by other experts unanimously say this thing.  I will quote some of the cases for your understanding.

1.  Sh. Ram Chander Talwar & Anr. Vs. Devender Kumar Tawar & Ors (Delhi H.C. -decided on 20.09.2004 by Justice R.S. Sodhi (Pertains to bank nomination.)

2.  Vishin N. Khanchandani & Anr. Vs. Vidya Lachman Das Khanchandani & Anr. (S.C.) - Visit Supe\uprem Court web site and in judis type the said party name and you get the full judgment.

3.  Smt. Sarbati Devi Vs. Smt. Usha Devi (SC)   - AIR SC 346 (Nomination in respect of the benefits of the insurance policy)

4.  Ashok Chand Aggarwal Vs. Delhi Administration - 1998 VII AD (Delhi) 639 DB

5.  Mr. Manmohan Kishan Malik Vs. Mr. Avtar Kishan Malik (Delhi H.C. decided on 13.10.2009 - Judge Sh. Rajiv Sahai Endlaw)

Go ahead and you will win the case.

mr prabhakar  will kindly tell, the sec of hindu succession act, where it is mentioned that where nominee of a decased will be bypassed.