Wife claim on gift – inheritance from husband's family

Welcome Forums Advice 498A Wife claim on gift – inheritance from husband's family

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    • #589

      Please consider the following situation and advice on this

      A husband has no job and nor does the wife work – husband is involved in religious social service.

      Husband survives on donations from other people – especially from his parents.

      He takes care of the wife and his children from this. He does not ask any dowry nor has taken from her family.

      Wife is unhappy with the lifestyle of the man – she wants more lavish life, wants cars, expensive travel etc and also does not like his religious lifestyle.

      She wants to divorce him – and wants maintenance from him.

      1. Can she demand maintenance in a separate way – especially when he is ready to look after her if she stays with him. He cannot afford to maintain her in a separate home – and her desired lifestyle

      2. Can she claim a share in property or money which has been donated by his parents to him ?

      3. His parents want to give him more property but are afraid to do so, they fear that she may force him & take it away from him. How can he secure his position ?

    • #3288

      She can ask for maintenance under Sec.125. The question is how much will she get ? As the husband has no regular income and obviously files no income tax returns, it is an open question quite dependant on the judge presiding. She cannot ask for a share in the property and moneys that his parents have given him, but as there is no other yardstick to determine how much he earns, that money and property amounts may be used to figure out how much he actually makes in a year.

      If his parents want to give him more property, then the simple method would be to create a trust with the property and money with him as the beneficiary and the parents as the trustees. That way only the income from the trust would constitute income and not the assets. This can be done under Sec.6 of Married Women’s Protection Act.

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