Wife seeking share is property

your wife cannot dictate terms  to you . the problem is you are between the devil and deep blue sea . you ahve to honour your father wishes . he wanted that 2 bedrooms should be in your mother posession .

you have to apply for probate . since your sissters dont have any objection court will after issue of notice grant you probate .

your wife can claim right to stay in shared household , right to maintenance , custody rights of your son . if you file for RCR she will file complaint under section 498 A against you .

in your interest send her emails requesting her to come back and stay with you at chennai . dont take any hasty decisions . . consult a local lawyer .

1. Can my wife claim a share on her or my son's behalf in my father self-aquired property?

NO.

2. I have been given confidence by my advisors that no police action can be initiated against my mother since  she hasn't even lived with us for last one year. Is that well founded?

Case can be still filed but it will be easy to overcome. Better than the present torture.

3. I am still keen on keeping my family together but I am being too optimistic and is this situation beyond repair?

Make all the efforts to keep the family together. Honour the WiLL of your father and donot deprive the property to your mother. any thing else may be compromised with to retain the family.

Take urgent steps in transferring your share to your mother.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

The greed for property is open in the eyes of ur wife. She is treading a dangerous path.

1) Start recording+ preserving her talks

2) secure ur assets. try that she does not enter that parental house again. If u reconcile, its better to take her to some rented place

3) No use of RCR

4) Try to convince her for leading a normal married life.....u have a little baby now.....an educated wife. But tell her that mother is ur responsibilty.

It may be a personal choice....but if I were u, I will try to sell my formula to clear her doubts about her property apprehensions: Mother will write herregistered will stating so & so points, but til she is alive, I can not show my greed to her.

History tells that these type of girls are terribly wandering & do not budge.......most of them turn to be 498a terrorists

In case, there is no children for a Hindu couple,

1)Can a wife claim share of husband's owned property while he is alive? can she claim from husband's earned property after his death against his will?

2)can a wife claim in husband's ancestor's property after his death against his will?

3) can husband sell his owned property without need to get permission from wife?

4)if the husband transfers his property to someone (say mother), can wife later claim part of it?

For the same condition- that is Hindu couple having no children-

5) If the husband gives some share of the property to wife in will, can he put conditions that she cannot sell it without permission from parents?

6)can a husband write a will like this?- Wife can enjoy husband's property, but after her death, the property will go to someone (say- husband's brother).

7)Can a husband just keep some cash for wife in his will and give all his immovable property to charity?

MOHAN KUMAR,

IT IS ALWAYS BETTER TO START A NEW THREAD FOR YOUR QUERIES.

1)Can a wife claim share of husband's owned property while he is alive? can she claim from husband's earned property after his death against his will?

NOT WHEN HE IS ALIVE, AND NOT IF HE HAS LEFT A VALID WILL.

2)can a wife claim in husband's ancestor's property after his death against his will?

YES, ANCESTROL PROPERTY GOES AS PER LAWS OF SUCCESSION.

3) can husband sell his owned property without need to get permission from wife?

YES.

4)if the husband transfers his property to someone (say mother), can wife later claim part of it?

NO, IF TRANSFER IS ABSOLUTE AND REGISTERED.

5) If the husband gives some share of the property to wife in will, can he put conditions that she cannot sell it without permission from parents?

NO, HE CAN NOT. ANYTHING WILLED HAS TO BE ABSOLUTE. ONLY FOR MINORS CONDITIONS CAN BE PUT.

6)can a husband write a will like this?- Wife can enjoy husband's property, but after her death, the property will go to someone (say- husband's brother).

YES, IT CAN BE THE WAY.

7)Can a husband just keep some cash for wife in his will and give all his immovable property to charity?

Thank you Mr. Kapoor.  Still for better clarification-

2)can a wife claim in husband's ancestor's property after his death against his will?

YES, ANCESTROL PROPERTY GOES AS PER LAWS OF SUCCESSION.

In case, there is no child, is wife considered as successor even agianst husband's will?

What are the options to prevent ancestor's property from going to wife?

1)sell it while alive itself or give gift deed to blood relatives?

2)Even if it is given to charity in will, can wife claim it?

Even if you will it to charity, she can claim it.

Yes, you can gift it during your lifetime, better still sell it for considerqation to a close relative. That would create a bar from claiming it.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Selling is not easy. Because it mixed with my uncles' property. Can I create a document that- I have taken loan from my brother and mortgage that ancestors' property to that?

[At present, the property is in father's name. But I also have right over that. My brother does not have right over that. because he took birth in 1979. My DOB is 1972. Once when we gave some part of the property to my brother, I also had to sign on the deed].

Selling is not easy. Because it mixed with my uncles' property. Legally not mixed. My grandfather gave property to his six sons and one is my father. There is no road to all others' property. So- to sell, to a third party is difficult. And even for gift deed, in kerala state, stamp duty should be paid. 

Can I create a document that- I have taken loan from my brother and mortgage that ancestors' property to that?

[At present, the property is in father's name. But I also have right over that. My brother does not have right over that. because he took birth in 1979. My DOB is 1972. Once when we gave some part of the property to my brother, I also had to sign on the deed].

One more thing is- My grand father had given the properties to his children while he was alive. Can that property be called as ancestor's propety for my generation?

You can sell your share to your brother/ father.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks everyone for the kind responses. Last 5 weeks have been most terrible of my life. I have been repeatedly abused by my wife and MIL. My MIL called me a dog. Despite everything I attended my bro-in-law's roka to show my support for my wife. They continue to demand that i partition the house. I refused and have come back to my workplace. Few days back my wife and her parents barged into my house. My mom wasn't home. They broke open the door and have taken possession of one portion of the house. He mother is staying over. They have brought along a maid. They are now demanding that my mother buy them everything and have handed over a big wishlist. My mother is alone there. No one in their family is talking to me. I am getting divergent advises from all corners ranging from doing nothing to filing a police complaint for trespassing. I am told that this might only provoke them into taking more desperate steps. I , along with my sisters, have already signed relinquishment deed in favour of my mother. They used extremely foul language at my mother when they entered. They alleged that I sleep with my mother!! I never dreamt in my wildest of dreams that anyone could have to go through such hell. I curse the day i decided to marry this woman. She was supposed to be educated (doctor) but she is turning out to be a terrorist. I am in desperate need of help. I struggling to figure what to do next.