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Can my wife claim share in my father's property after divorce


11-Mar-2023 (In Divorce Law)

When i was married. I did not do any police verification of the girl. After sometime the girl filed a 498A case. Court ordered maintenance. Since my father died without any Will last year, does my wife have any share in the property?

Answers (3)


LawRato

Answer #1
969 votes
wife can only claim right over the property of the husband and shared property of the husband. if your father died without any will then property will be first distributed to all other legal heirs and then only she can claim the right over your property which is proportionate to her rights only. and this proceedure will take more then years and she has to regularly fight her case. in most of the cases, wife only gets maintainance amount only
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Advocate Manoj Kumar

Adv. Manoj Kumar

LawRato Delhi | 5+ Answers
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Answer #2
822 votes
NO. Daughter in law has no automatic right to a property self owned by the father in law, as long as it is not an ancestral home or one purchased with joint funds. Neither the DV Act nor any other law permit the daughter in law to stay against the in laws wishes.
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Advocate Ketan Madan

Adv. Ketan Madan

LawRatoDelhi | 5+ Answers
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Answer #3
994 votes
No she can not claim share in the property, but she can claim the maintenance. She can go for enhancement of maintainence depending upon the circumstances, particularly the nature of the property and the income from it.
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Advocate Manish Kumar Singh

Adv. Manish Kumar Singh

LawRatoDelhi | 25+ Answers
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