http://www.pressies.org/marriage-gifts-india/
Joint Property Rights (Husband & Wife) in INDIA?
What is the law for property ownership between a husband and wife in India.
A(Husband) and B (Wife) get married in 1967. A gets a gift of about Rs 10,000 from his father-in-law and buys property (Land) in HIS name with money from his father-in-law and few savings of his own.
After 40 years, the property was recently sold for 65 lakhs.
A now says that he wants to donate the entire amount but his wife objects.
Question: Is this hailed as joint property since it was acquired after a marriage. What is correct law? Does that wife own any share of it? What are their children’s rights?
REALLY APPREACIATE YOUR RESPONSE.
thank you.
Gift of any amount from any one becomes the self acquired property of the person getting it. This self acquired property means his own property held in his own name & to be used as he wishes to do so. In addition to this Rs10000/- your husband received from your father as gift at the time of marriage was kept in his self account & not in a joint account with you. This amount was given to him exclusively for him without any condition it will be for both of you & for common purpose of both. This amount kept by your husband in his self account & more amount of money added in it to buy an immovable property in his own name. This immovable property was registered or its sale deed was in his name, all other revenue records of the district where this property was located were in his name only. In simple word at no time there was any document to show that this property was in your joint name with your husband nor it was used for getting any loan of money in your joint name through any financial institute anytime, just to show the real intention for using this property was for joint purpose although it stood in his exclusive name in all the relevant revenue & land concerning documents. I have tried to discuss almost all the relevant circumstances & facts concerning this property purchased from the money your husband got as gift from your father but fail to conclude that you can claim any right over this property or mney he got after disposing this property till he is alive; & if he dies without leaving a ‘Will’. If he say so or does dispose of the property or amount he got from it according to his own wish he can do so, no one can stop him as there is nothing in law that can stop any person to dispose of his or her self acquired property/money according to his or her free will anytime during his lifetime & even after his lifetime by making ‘Will” or any such testimony document for its disposal. Legally as a wife you can claim only life time maintenance from him if you are unable to maintain yourself or he refuse to provide you with it, you can even claim a place of residence from him, but you cannot stop him from not disposing of his property/money as he wish unless it is held in your joint name or was for the purpose of joint use only although held in his self name but the circumstance of the case & other documents relating to any transaction showed that real intention behind was for joint use of this property by both of you at all times. In these circumstances I will advice you both to sit, discuss this issue amongst your self & use this property or the amount you get out of it for joint purpose after all at this age love for money or property is not so important then a peaceful, loving life between both of you, so like Good Babies behave like one too. As far children’s right is concerned in this property its none till the real holder of property/money this man is alive. After his death if he dies intestate without leaving any ‘Will’ the children can claim right/share in the property/money along with their mother not otherwise. So for children of this man state taking extra care of old chap & pamper him as much as you can so he forget disposing of this property & donating the entire amount for charity (tell him that charity begins from home & you all are the most important claimant of this charity amount). Legally both the wife & children of this man have no legal claim over this property/money as discussed above.
India village marriage wedding groom picture taking accepting gifts
