wife's right over husbands self earned property

mr salaria,

there is no right of the mother, while son is nominated by a decased, and the said property is not ancestrial.

Mr Anupkumar gupta pls refer Ashok Chand Aggarwal Vs. Delhi Administration - 1998 VII AD (Delhi) 639 DB

Dinesh,

Wife cannot claim the ownership rights in the property, she can only claim the rights of residence. Since the property is self aquired, you can nominate anyone to take care of your property after death and the simple will can put your property into safe hands. If you do not want your son to claim the property, then you can state the same in the will. In that way your son will also not be able to claim the rights.

Gentlemen

the thing is getting complicated and confusing. the husband expired leaving no will and the nomination was done when the society founded somewhere in 1980's.when husband expired no will of any kind was there. Before moving to court i want to make sure that there is no harm for the old lady as now she is living in and you guys can imagine after she proceeds for court the situation going to be worse and who knows what happen.

thanks

Dinesh

will, nomination and succession are different things. nomination is there. therefore it is valid for nominated property. the wife is successor for all other property, which does not cover under nomination. please take help of a reputed lawyer of your locality. if he says nomination can be overlooked/bypassed then you want to see the concern laws. acts & sec. i understood you are confused. you are sympathetic to that motherly lady. so please try. also let us know your findings by posting this page, to increase our knowledge.

mr srikant, please tell the sec &act - concerned. i tried your reference in internet, but no result.

Mr Gupta

thanks for you replies and for an instance if i ask your opinion that will suggest me that it is waste og money, time and all other assosiates.

so if you r in my place do you want to proceed for the case or if someone come to you in the same situation will you be agree to fight the case? if no i can understand but if yes wat chances you think there for the legal heirs.

as all the other gentlemen replying +ve on the case so there might be something in there? \I m not arguing your knowledge or anyone else on the site just want to be assure before I took any step forward as it breakdown the family peace.

Is there any other things in the case can affect the decision.

thanks

Dinesh Salaria

i allowed the son to enjoy his rights, simulteneously i shall try to establish a close and warm relation between mother and son. may be daughter in law is a factor. but it is also should understand by son and daughter in law that the mother is guest of few more years. therefore her blassings should be collected.

it is to be noted here that a legal right under sec 125 of crpc is there, that the mother has the right to maintenance - if she is unable to maintain herself.

Gents

if we file suit then how long will the whole process take and during the case is going on no one can claim it or sell it. and if with this we can buy some time also as long as she is alive it will be like no one can challange her stay in home and there after watever dicision comes it comes. like we can proceeds from lower to high court and then further options also there and with that the son may also inderstands if he agrees all again will come back to him but if not then process will claim money more than he is axpecting the return.

mr Gupta I will appericiate if you can provide some information where nominee attains the right from the court over lal hiers.

thanks

dinesh

better you start your case, your basic purpose is to haul the son, not to settel the matter amicably.

n

After apllying the stay order in the court  by son/mother  to the self earned property of a   father,His he having a will / rights to transfer the property to the "X" person.

After applying the stay order,if my father wants to transfer the property to the "X" person,then will this stay order will block this  tranfer to the "X" person.