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Property share in parents property


20-Apr-2026 (In Family Law)
I and my wife were living in a joint family setup. Recently due to issues at home, my mother had messaged to my mother in law to ask me and my wife to move out of the house and stay indendently. So I and my wife are living seperately from my family in a rented house.Now my wife during one of the fight she was forcing me to ask my share in my mother's property. The property belongs to my mother only. Now if I succumb to this pressure, what further action/legal my wife can take on my family.
Answers (3)

Answer #1
650 votes
Your wife cannot force you to claim a share in your mother’s self-acquired property. Legally, you have no automatic right in your mother’s property during her lifetime, so there is nothing she can compel. Under the DV Act, your wife’s right is limited to residence in a “shared household”, not ownership or share in property. � Courts have also clarified this is a protective right, not ownership, and can be balanced with rights of actual owners. � Indian Kanoon +1 Live Law +1 She may seek residence or alternate accommodation, but cannot claim your mother’s property or force partition. You should handle this carefully from a legal strategy perspective—I can guide you on the safest way forward.
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Advocate Shivani Chande

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Answer #2
653 votes
If the property is exclusively owned by your mother, neither you nor your wife has any legal right to claim a share during her lifetime. Your wife cannot compel you to seek partition of your mother’s self-acquired property. At most, she may claim a right of residence under domestic violence laws, but not ownership or partition. If disputes escalate, she may initiate proceedings under the Domestic Violence Act or seek maintenance, but no legal action can force your mother to part with her property or give you a share against her will.
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Advocate Pragati Patil

Adv. Pragati Patil

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Answer #3
501 votes
If it is your mother's self acquired property then there is no share of yours till she is alive. She can sell it, gift it, make WILL to any person she wants to. Nobody can force her to get the share. As no child has an inherent share in a self acquired property of a person till he/she is alive.
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Advocate Mohammed Fareeduddin Siddiqui

Adv. Mohammed Fareeduddin Siddiqui

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