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24-Nov-2024 (In Divorce Law)
Both my parents are deceased. Can my wife claim share in my parents house which is still name of my mother, it's mandatory to transfer property ownership to my name legally or else can I leave as it is and also, if I divorce her what impact on this?
Answers (3)

Answer #1
641 votes
Wife can claim maintenance and alimony and can claim the same lifestyle that would spend as your wife even after divorce can claim her property rights depending on the property title and your share. Your wife can claim in your property not in your mothers.
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Answer #2
611 votes
Your wife cannot claim ownership rights in your parents' house, even if it is still in your late mother's name, because the house is inherited property and is not considered marital or joint property. However if your wife files for maintenance or alimony during divorce proceedings under Section 125 CrPC, the court may consider your share in your parents' house as part of your overall assets to calculate the maintenance amount. If you divorce your wife She still cannot claim ownership of your parents' property unless it has been transferred to your name and is considered part of your personal assets. Maintenance claims: If she seeks maintenance or alimony, the court may consider your assets (including your share in the inherited property) to determine your ability to pay. If you can prove that the house is not earning any income (e.g., rental income), its impact on maintenance calculations will likely be minimal.
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Answer #3
648 votes
Your wife can’t claim any property whether it’s in your mother’s name or your name ! If u think or expect some litigation then it’s better u hire expert advocate n do your home work Kindly b in touch
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