Legal Question in Real Estate Law in India
Wife's rights on husband's property.
1. My father purchased a agricultural land and in 1964 after marraige.
2. My father always ramained away (in service) and my mother looked after and mainatianed the property and brought-up the children (2 sons & 2 daughters).
3. My father (now retired) does not stay at the said property, which is still looked after by my mother, without getting any monetary support from my father.
4. My father has now written a will making my brother's son (his grandson - minor) the sole legal heir. He has very specifically excluded my mother, both sons and both daughter from any right over the property.
5. The property is registered in my father's name and he did not inherit it. We are a hindu family.
6. In his will my father has mentioned that if me or my brother have sons in future(i have two daughters and brother has one son and one daughter), then they will get equal share in the property.
My question is
A) can my mother (68 years) claim her right over the said property, which she looked after and maintained for her entire life.
B) Can my daughters (both minor) or my sisters (married) contest the right over said property.
3 Answers from Attorneys
Re: Wife's rights on husband's property.
According to the facts stated by you, the property has been bought by your father and therefore it is a self acquired property of your father. Hence he has every right to dispose of the way he wants to. He may also will the property to anybody he likes. Thus your mother cannot claim anything just because she took care of the property. Similarly, your daughters or your sister cannot contest a right to property self acquired by your father.
This is a prima facie opinion. A final view is possible only after scrutinzing the will.
Re: Wife's rights on husband's property.
Basically where does this land exist, in which place.
The Agricultural land if it is situated in karnataka, then the Karnataka land reforms act will apply.
Usually the laws will in all the state will be similar.
If your father had purchased the said land on his own, i.e. from his own funds then he is the owner, and he can do anything he likes, he can gift or sell to anybody he likes.
The WILL is going to be effective only after his death and not before. you can persuade your father to change his mind and give some share to you and your mother and to your sisters.
But your brother also will not exclude you people so easily if he has gone through the hardship, talk to him nicely.
Since your father is away from your place and your mother was cultivating the lands, then in that case your mother's name should have been incorporated in the revenue records that your mother was cultivating.
if you have your mother's name in all the revenue records then you can claim "ADVERSE POSSESSION" in her name and challenge the will.
You can claim only if you were cultivating the lands on Adverse possession and challenge the will.
But strictly your father has the absolute right to do anything he likes.
It all depends on the records please meet your lawyer and take an opinion from him.
Regards
B.Balasubramanya.
Advocate.
Re: Wife's rights on husband's property.
A wife is entitled to claim maintenance from her husband or his estate. However, in case of a self acquired property, owner is entitled to dispose of the same either by Will or otherwise. In your case, if there are some defects in the Will rendering it to be invalid, then property reverts back to heirs according to law of succession.
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