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  • Category: Indian Law

    Share of wife in the property of her parents


    Have a query about legalities of wife's share in parent's property? Looking out for rights online? On this page, you can read the advice form experts and resolve your query.

    It has been 10 years of my marriage and I have no complaint about my wife. But my problem is that my parents in law, especially my mother in law has insulted whenever I used to visit their place, once in a year or so. But my wife is blindly influenced by her mother. She quarrels with me on very small small things. With passage of time the rift between me and my in-laws has grown to its full possible extent. I have cut all relations with them. They are also fine with it. They don't have any problem with it even if my wife discontinues with them. Means they don't need their daughter and my daughter. During 10 years, in my tough time they never cared for me or my family anyways. Now if they are ok with a permanent break in relationship, I want my wifes share in all their belongings. But they are refusing and saying that everything would be distributed between my two brothers in laws. And also the problem is that my wife is blindly influenced by her mother and take their side on most occasions. So please advice :
    1. Can I ask for my wife's share on my own or on my wife's behalf?
    2. 'what if my parents in laws can refuse to give my wife's share?
    3. What to do if my wife deny to ask for her share?
  • #143072
    As answer, I would ask you a question: Do you love and like your wife or her share in parental assets?
    If you love your wife unconditionally and sincerely, all other things should not matter much to you. If you do not love her then you have no moral right to her parental assets. What I suggest is first win her full love and affection by your unconditioned love and affection to her. That can do wonders. A little compromise and change in mind set up removing all existing prejudice and paranoia is needed.

    Now let me deal with the technicalities.

    If the assets her parents now have are all acquired by them by their own income and money, then you just cannot have any legal rights on them. But if they have ancestral assets, then that has to be passed on to all the legal heirs. So you wife also should get an equal proportionate share from that like her brothers.

    If you are bent on claiming share of your in-laws' assets then you have a liability to look after them also.
    I think you need to control your present thinking . If your wife feels that she does not want a share from her parents' assets she can give a relinquishing deed favouring her brothers. ( Of course if that is ancestral assets , the maximum you can do is file a case of criminal collusion against them citing deliberate denial of it your children. But that will only worsen the family rupture and the case also will lead for long time.Practically it will be waste of time and money, )

    So, keep quite. Try to mend the now broken relationship. Your in-laws also may have a change of mind. Things can become pretty good then. At the very first remove the misunderstandings between you and wife , if any. Avoid talking bad of her parents and relatives from now on. After all, they are her blood relatives and she cannot bear hearing someone talk bad or curse them.
    A lot depends on you. It is your life. Keep that in mind.

  • #143073
    If the property of your in laws is self earned property, they have their liberty to give to anybody they want. They can simply donate it to a social activity also.Nobody has right to question them. It is theirs and they can do anyway they like. Recently a retired employee donated all his earnings to the welfare of soldiers. If the property is their parental property, there is a right to ask. But you will not have any right to ask on behalf of your wife. Your wife has to take the initiative and ask them. Otherwise she has to approach legally the concerned court.

    As suggested by Mr. Venkiteswaran, you first have a good understanding with your wife. For you your parents are important. Similarly for her her parents also important. It is better to understand the reasons for the difference of opinions and try to make an understanding with them. Then you all will have peace of mind and can have a happy life. Instead of that if you go for court case, it will widen the gap and you are not sure your wife will support you.

    So don't worry about money and property. Try to have a happy life.

    drrao
    always confident

  • #143076
    Let me answer things from legal perspective.

    1. As per the gynocentric laws in India. Man has no share from wife's parents side.
    2. Wife can choose to share or not share her side of property. You can't dispute that.
    3. Wife is not forced to share a single rupee with you.
    4. You're bound by marital laws to share your and your parents property with her. She gets the 50 of what you get from parents side.
    5. You expecting property share from wife's side would be heavily debated and ridiculed as it's gynocentric society in India.
    6. Unless you give divorce and in very harsh situation, you'll get alimony from wife. Indian courts don't offer alimony or any financial compensation to men after divorce, hence they are gynocentric. Only 2 cases in india are known for alimony given to men.

    Now that we know the legal side of things. Here's some things about your personal case. If you love your wife or not, it's relevant. Focus on your own money and if she chooses to share her side of money then and only then accept it. Otherwise avoid this unnecessary drama. As laws and society is in wife's side, we are supposed to focus on what's our plate plus as a provider will be judged on what we can give. If you try to expect anything from wife or any woman in your life, you will bring in misery. That's not how the world outside works.


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