Woman's right on anscertral property

Any property movable or immovable if it is in the name of  husband yes a wife can claim a share during the time of divorce but if it is an ancestral property and still in the names of his parents and then the wife cannot claim any share during the time of divorce.

Originally posted by : Siva
	Hi All, As per the Indian Succession act amendment in 2005, Woman has right to claim her share from ascestral property. If wife does claim only  alimony from husband, She does not claim her share though she has right to claim her share from ancestral property.  But will  Court  consider this right while deciding alimony / settlement / maintenace in matrimonial case? Can we argue that wife should claim her share from  ancestral property? Plz advise on this

There seems to be some confusion.

Are you  referring to Hindu Succession (Amendment) Act,2015?

It is believed that all are Hindu.

Wife has NO forced share in self acquired property of husband.

Wife is not Co-parcener in ancestral property of husband.

It depends on whether wife's parents are alive or not. If they are alive they still have right to decide on ancestral property. They may be having needs in old age, like hospitalization & medical expenses. However woman can file partition suit now. It is her discretion to claim ancestral property or not. She may decide - on humanitarian grounds - let parents enjoy it as long as they live because they need social security in old age.

For these reasons you cannot compel her to first claim ancestral property and then if there is still  need claim maintenance from husband. For the same reasons Court may not take into account her ancestral property while deciding question of granting maintenance . 

I think I have not put it correct sense.

In divorce case, wife has right to ask alimony from husband. Similar way she has right ask her share from ancestral propery.  So she may get wealth from two sources.

So Judge will decide how much would be a alimony based on the husband's wealth / status. Here Can we argue in the court that Since she has right to claim property from ancestral propery. So Alimony should be determined based on the propery she will get from her ancestral propery..

Before the amendment of Indian Succession act, 2005, the alimony would be high as wife did not have rights to claim her share from ancestral propery..

So can we request the judge to consider her share is from ancestral property while deciding alimony.. So alimony to be reduced to half etc....?

Married daughter does have share in self acquired, ancestral property of  Father and also property of Mother subject to applicable provisions of personal law.

Married woman can place before court the details of estate of hsuband.

Are you pointing out that the since wife is also a married daughter from her partents side and is likely to get some share in estate of parents so the Judge should consider this factor while deciding maintainance, alimony?

In the matter pointed out by you: you have repeatedly (in last post also) mentioned Indian Succession Act.  

Are you sure that Indian Succession Act applies in your (wife’s) case and not Hindu Succession Act?

What is the opinion of your own counsel?

If there are precedences pls share.

It depends on whether wife's parents are alive or not. If they are alive they still have right to decide on ancestral property. They may be having needs in old age, like hospitalization & medical expenses. However woman can file partition suit now. It is her discretion to claim ancestral property or not. She may decide - on humanitarian grounds - let parents enjoy it as long as they live because they need social security in old age.
 

......What this means is married woman's parents may be super rich now but later because of diseases, illnesses etc they may spend off entire properties on themselves without leaving a penny for married daughter. It is for daughter to claim from them to give her share before it is exhausted. If they don't share she can file partition suit. If she does not do both with an intention to help them take best medical treatment she is really very good woman. Everyone will praise her for sacrificing her share of property for medical treatment of her parents. So does the Court. 

There is no way Court says "in order that you claim less maintenance from husband you have to become bad woman, a villain of your parents".  So I mean to say in clear terms that Court will not consider what share of property she may get from her parents, grandparents'  property unless there is a legal claim pending before any court on her behalf.  Even in such situation your court will give order as if she has got nothing from parents, if the case is pending. After she wins case and gets some amounts you can file application to modify earlier maintenance order in view of changed circumstances.

You simply want your wife to fight with her parents as she has asked alimony from you, as you have filed divorce case on her isnt it? To know this much people have discussed for 2 pages and giving you ideas.  Such shame on such advisors.  Marriage is all about adjusting, if you cant adjust you need to pay aliimony, you cant get away with it.  You will only do time in jail, if you become defaulter.