Legal Question in Family Law in India

need help

in 2003,i applied for Divorce in bhopal, on cruelity and mentally retarted ground.

My father expired on august 19 th last year.the property have been tranfered on mother's name. we are 5 sister's and no brother.all married.

my mother gifted the house to me, a month back.

Can my wife claim share in the house?

Iam in government service

Thank you sir


Asked on 6/08/07, 6:43 am

7 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: need help

your question is not clear but assuming that you are having tiff with your wife i say that she may claim benefit from all the properties you are having in your name.

she will not get the share in the property but she can claim more benefit on this ground in monetary terms.

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Answered on 6/08/07, 6:59 am
Nandita Haldipur Haldipur Associates

Re: need help

she cannot claim a share in the house

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Answered on 6/08/07, 8:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: need help

there are two issues : firstly, your mother could get only one seventh share in the house because you, and your five sisters are entitled to inherit equally. thus your mother can at the best transfer her one seventh share in the house in your favour;

secondly, your wife is entitled to maintenance from you; the quantum of maintenance with depend upon your properties and income; as also her income;

the facts given by you are insufficient for any comprehensive opinion; if you want further guidance, please supply complete information about yourself, your wife, children from marriage, family income etc.

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Answered on 6/08/07, 9:03 am

Re: need help

After the death of you father all you sisters and mother are entitled to equal share in the property hence your mother can utmost transfer her share to you.your wife is not entitled to claim any share in the said property.she can only claim maintenance.

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Answered on 6/08/07, 11:52 am
rajeshwar sharma rajeshwarnathsharma

Re: need help

No. Your wife has no legal right to claim any her share in the house.

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Answered on 6/08/07, 12:14 pm
Prabhat Shroff Shroff & Company

Re: need help

No, your wife can not claim any share in the house gifted by your mother to you.

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Answered on 6/12/07, 3:00 am
Vivek Mapara Mapara Law Firm

Re: need help

It seems that your mother has exercised power as absolute owner of the property. It is requried to know how the property was transferred to her name. But if there is inherentence then all sister are also entitled to share in the property, but if that is not in convtroversy then or will nto create future controvery then its fine.

You wife cannot cliam share in property, but she can only cliam maintenance, amount that varies as per your status.

In case you do not pay maintenance, there she can lay charge on your property.

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Answered on 6/09/07, 3:01 am


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