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Succession of property declaration


06-Sep-2026 (In Property Law)
Hi, My parents have gifted their own self earned property to me through gift deed. I'm going to file a divorce case soon. What should I do to avoid any claim of share by her in the property? Because she has neither taken care of me or my parents. Can I mention in will to avoid inheritance to her I case of my demise?
Answers (5)

Answer #1
836 votes
If the property is your parents’ self-acquired property and they have validly transferred it to you through a properly executed and registered Gift Deed, it generally becomes your separate property, and your wife does not automatically get a share in it merely because you are filing for divorce. However, a claim can depend on the exact nature of the property, validity of the Gift Deed and the reliefs claimed in the matrimonial proceedings. You may also make a proper Will regarding your assets, but the effect of the Will depends on the applicable personal law and circumstances. Please share the Gift Deed, property documents and relevant divorce papers on WhatsApp for detailed review. After examining them, the appropriate steps to protect the property and address any possible claim by the wife can be advised.
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Advocate Sanket Ganpat Khamkar

Adv. Sanket Ganpat Khamkar

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Answer #2
931 votes
If the property was self-acquired by your parents and validly gifted to you through a registered Gift Deed, it generally remains your separate property, and your wife has no automatic ownership/share merely due to marriage. You can also execute a properly drafted Will stating who should inherit it after your death. However, divorce/maintenance proceedings and any children’s rights are separate issues, so have the Gift Deed and your circumstances reviewed by a family/property lawyer.
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Advocate Riddhi Pratap Bothara

Adv. Riddhi Pratap Bothara

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Answer #3
852 votes
You can mention in will to avoid inheritance to her but that will not really do any good in your case. Her right in your property trumps the will, which basically comes into the picture after your demise, while divorce and her claim is there while you are alive. What you can do is, dispose off the property and do away with the proceeds quietly before starting divorce proceedings.
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Advocate Keyur Kulkarni

Adv. Keyur Kulkarni

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Answer #4
975 votes
If she has not taken care of your parents and you are going through a divorce this will be a valid ground for mental cruelty on divorce also, if she files for maintenance then you need to see if she is capable of earning for herself or not if yes then there is no chance of maintenance or there will be minimal maintenance of 4000 to 6000 per month, for your gift deed, she is not entitled to get any share in the property if you don't wish to give her
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Advocate Moksh Jain

Adv. Moksh Jain

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Answer #5
728 votes
Hi this is adv vibha narendra mishrikotkar i will definitely give answer to your query from law rato app kindly give me a call or what's app from law rato app thanks for contacting me from law rato app thank u
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Advocate Vibha Narendra Mishrikotkar

Adv. Vibha Narendra Mishrikotkar

LawRatoMumbai | 25+ 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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