Legal Question in Family Law in India
Claim of property
Please answer the three questions,given below:
DATA
The husband owns house property in his name. Source of funds for purchase of this property was provided by his brothers and mother. The couple has no children.
There is no Will.
Questions:
(1) After the life time of the husband without his leaving any Will, is it legally permissible for the wife,to dispose off the property to whomever she chooses?
(2) Whether source providers i.e.husband's brothers and mother can have any claim on the ownership to property?
(3) After lifetime of both this couple, both husband and wife, without leaving any Will ,who will be the legal heir for this property? To whom the property will go?
P.S.
The abovementioned couple belong to Hindu religion.
6 Answers from Attorneys
Re: Claim of property
1. Where husband dies intestate, contingency ceases to effect and her rights becomes vested, entitling her to dispose of property at her behest.
2. Benami transaction has been prohibited in India, therefore source providers have not right in property.
3. After the wife dies intestate, heirs of wife will become entitled.
Re: Claim of property
The wife and the husband's mother become the class I legal heirs of the property.
The wife can sell her share of the property.
Re: Claim of property
Already Replied
Re: Claim of property
presuming that you are a Hindu in cas e husband dies intestate then if his mother is alive then she will get a share along with the wife. in such case wife can dispose off her share.
The source provider as such do not get any right because of being source provided.
if the husband dies first and then the wife dies intestate than the property shall go to husbands heirs
Re: Claim of property
Already replied.
Re: Claim of property
(1) Yes. She is entitled to deal with the property as per her wishes; as she becomes the sole owner.
(2) No. the so called 'source providers' are at best donors; a gift once given cannot be demanded back from the legal heirs of the donee.
(3) The wife's legal heirs will inherit the property.
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