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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?
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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