What will be the share of property headed by the husband and in laws
22-Sep-2023 (In Divorce Law)
I am a hindu and would like to know that am i eligible for share in the properties whereby the same are under a company of which my husband and mother in law are directors ?
It will depend upon the chain and history of the property means what was the source of the fund used to buy that property. In any case You will be eligible for the share of the property of your husband's shares.
As per Hindu law A wife can claim her share from her husband's property only. Property in the name of in-laws can not be claimed by the wife. She can only claim share from the share of her husband.
Therefore, You can only claim from the share of your husband.
Therefore, You can only claim from the share of your husband.
As a Hindu wife one has following ways of deriving the wealth from husband.
1. from his share of Hindu joint family property , you get share from the husbands share, if he dies, then equal distribution of his share among you and your children. ( if he dies without will or intestate)
2. If he writes a will, then as per the will, the share is distributed.
3. If it was his own separate property , or self acquired property , not joint Hindu one, then he can write off whole of the property to anyone.
4. Now coming to the question of shares/capital in a company , legally it should go to the legal heirs,if he dies without any will or other contract with the company to assign his capital contribution to anyone else, or that the company has a policy to appoint the capital to other than the wife , you should have the share as the legal hire.
5. With respect to the share of mother in law, similarly about the share of mother in law, it would be her legal heirs to have the share which would include her husband and children, and the via your husband you can derive the share.
1. from his share of Hindu joint family property , you get share from the husbands share, if he dies, then equal distribution of his share among you and your children. ( if he dies without will or intestate)
2. If he writes a will, then as per the will, the share is distributed.
3. If it was his own separate property , or self acquired property , not joint Hindu one, then he can write off whole of the property to anyone.
4. Now coming to the question of shares/capital in a company , legally it should go to the legal heirs,if he dies without any will or other contract with the company to assign his capital contribution to anyone else, or that the company has a policy to appoint the capital to other than the wife , you should have the share as the legal hire.
5. With respect to the share of mother in law, similarly about the share of mother in law, it would be her legal heirs to have the share which would include her husband and children, and the via your husband you can derive the share.
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Please suggest on the query, if any advocate is using abused words
- Options of divorce for a filipina outside Philippines & marry in india
- regarding moving abroad while on 498-A case without taking permission
- Ongoing 125 crpc getting delayed
- I got exparte divorce against my wife in Bangalore family court
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."