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Property dispute.........................
13-Jul-2026 (In Family Law)
Hello, if father gifted his share of self earned property to his son, can son's wife claim any share in it in divorce settlement? Or what are the ways to tackle
Whether the son's wife can claim any share in a property gifted by the father depends on the facts of the case, the nature of the property, and the relief sought in the divorce proceedings. I can help you understand your legal position and advise on the best course of action based on your specific circumstances.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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If the father gifted his self-acquired property to his son
Once the gift is completed through a valid registered gift deed, the property becomes the son's absolute/self-acquired property.
The daughter-in-law does not automatically get ownership or a share in that property merely because she is married to the son.
In a divorce
Generally, the wife cannot claim ownership in the husband's self-acquired property simply because it belongs to him. Unlike some countries, Indian courts do not automatically divide property 50:50 upon divorce.
However, the property may still indirectly affect the case because:
The wife can seek maintenance (Section 125 BNSS/earlier CrPC 125), interim maintenance, or permanent alimony.
The court may consider the husband's assets, income, and standard of living—including gifted property—while deciding the amount of maintenance or alimony.
This does not mean the court transfers ownership of the gifted property to the wife.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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If a father gifts his self-acquired property to his son through a validly executed and registered Gift Deed, the property becomes the son's absolute property. Under Indian law, a wife does not automatically acquire ownership or a share in her husband's property merely because of marriage or divorce.
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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Sir, if your father has gifted the property only in your name, then it is generally your own property. In most divorce cases, your wife cannot ask for a share in that property just because she is your wife. Please share your gift deed and other documents with us so we can check everything properly and guide you with the best legal solution.
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Adv. Tejal Mishra
VasaiVirar | 5+ Answers
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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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