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Rajkumar N. Phand (Manager EDP)     20 June 2015

Wifes right on father's property

Hi,

I am Hindu married male, having elder and little sister. Both are married. My father not received any property as a succession from my grandfather. Whatever property he have is earned by him and my mother. My little sister along with her husband and their kids are living in my father's property (my mother is legal owner). My father also purchased some land with his retirement money at our native place and developed small farm house. My parents are living in that Farm House. I am living in a 1 BHK Flat with my wife and kid. This Flat property is earned and owned by only me from before my marriage up till now. My wife does not have any kind of share in down payment and house loan EMI. With some petty issue, while discussing, my wife taken subject of my father's property being used by my sister. I am sure about my father, that he will not give that property to me, as I am earning enough to take care of my wife, kid and my father and mother. Also I am not interested in any property owned by my parents. She is worried about that my father will give that property to my sister and she will not get anything from my father's property. I have told her that you cannot have right on my father's property as it is earned by my father and as he not received that property as a succession from my grandfather. It is completely my fathers decision to whom to give the property. But you have complete right on my Flat as I am her husband. 

Can my wife make some legal issue with my father's decision?

With Best Regards and thank for your help



Learning

 2 Replies

saravanan s (legal advisor)     20 June 2015

dear mr.rajkumar she cant lay any claim over it.dont worry

1 Like

Kumar Doab (FIN)     20 June 2015

 

Your wife (Daughter in Law) can not stake any claim on self acquired property of your (Hindu) father (her Father in Law).

 

Your father can give away his self acquired/earned estate to any one in his life time as it pleases to him e.g. by Gift/Sale deed etc…..

 

If he (your father) deceases without disposing his property in his life time and without leaving any WILL, then his share shall devolve equally upon his ClassI legal heirs that include his wife and children (you and your sister).

Likewise If you can give away your self acquired/earned estate to any one in your  life time as it pleases to you e.g. by Gift/Sale deed etc…..

 

If you decease without disposing your property in your life time and without leaving any WILL, then your property (self acquired and acquired from your father) shall devolve equally upon your ClassI legal heirs that include your wife and children.

 


It is always better to decide the share of one's property in one's life time thru say WILL (preferably registered) , GIFT deed etc...................and leave nothing to dispute.


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