Does a wife have rights to her husband’s property?
Under Hindu Law, wife has the right to her husband’s property after his death or after divorce.Under Hindu Succession Act 1956, a married woman can inherit her husband’s property only after the death of the husband, provided the husband dies intestate. What this means is -wife does not get an automatic right to her husband’s property upon marriage &husband should not have expressly excluded or denied her share in his will.Even in case of husband’s ancestral property, wife does not have the right to it unless and until she inherits from the deceased husband.To protect interests of women after divorce, Marriage Law’s (Amendment) Bill 2010 was passed by the cabinet, which is pending for discussion in Rajya Sabha and some major changes in the women rights are suggested, on how the properties would be divided after divorce. Accordingly, a wife gets 50% share in her husband’s self-acquired property after divorce.Although this law has been severely criticized for being anti-male, the law as it stands now, grants wife a 50% share in husband’s self-acquired residential property. She gets a share in other properties as well but the quantum has not been laid down. “living standard of the wife” is the criteria to determine the quantum of wife’s share in other properties.Illustration 1:‘A’ marries ‘B’. ‘B’ being the wife. ‘B’ does not have the right to ‘A’s property during his lifetime. She inherits her husband’s property only after his death unless otherwise expressly mentioned in the will of the deceased.Illustration 2:‘B’ divorces ‘A’ by mutual consent. ‘B’ has the right to claim 50% of ‘A’s property after divorce.
What are the legal rights of son in the property of his father?
In India, as per Hindu succession Act,a. If the property is ancestral, son/children have the right over the property. For the property to be ancestral, it has either to be inherited by the father from his father i.e. the grand father after his death or the grandfather, in his life time, have partitioned the property. But, if the father has got the property from grandfather as a gift, it will not be considered as ancestral property.[1]b. If the property is self acquired by the father, son/children can claim no right over it. [2]Footnotes[1] Supreme Court puts Final Death Nail on Concepts of Ancestral Property & Joint Family Property, Read Judgment - Latest laws[2] Son has no legal right in parents' house, can stay at their mercy: Delhi high court - Times of India
When property deed has etal on it do all party's require to sign if property is sold?
All parties OUGHT to sign. ET AL is a latin abbreviation for ET ALIA which means "and others." That goes to show that the concept has been around for a long time! The answer is not quite as simple as that, though. There should be more information on the deed regarding the relationship of the parties. Whether you are recorded as tenants in common, or joint tenants with right of surviviorship; THAT makes a big difference. It also matters if there is a mortgage on the property too. The application of these rules varies by state; you really need to consult a probate or real estate attorney in your state to settle this.
What can I do about tenant getting cancer & now not paying rent?
This presents quite a problem. I feel bad the tenant is sick, but now I am not being paid rent because of it. I don't feel right or good about kicking someone with cancer out, but I don't know how to handle this. I depend on the rent. Any suggestions of what you would do, or anyone else who's encountered this problem?
My lease agreement contradicts itself, is it void now?
My husband and I have a 12 month lease agreement with a private landlord. In section 4 of the lease it states this: Defining the Term of the Tenancy. The rental shall begin on September 5th, 2009 and shall continue on a 12 month basis. This tenancy may be terminated by Landlord or Tenants and may be modified by Landlord, giv giving 30 days written notice to the other. In ANOTHER part of the lease agreement it states this: On signing this agreement, Tenants shall pay to Landlord for the period of Sept. 5th 2009 through Aug. 30th, 2010. The sum of 1990.00 as rent, payable in advance prorated 1st month rent due 9/5/09. I have been doing research on California law, and have read some guidelines that say this situation would void my lease. But I need hard proof that it would not only terminate our lease, but give us our deposit back to. If you are wondering WHY we are trying to break our lease, it's because we are both active duty marines, he got PCA orders to a base 50 miles away, but I didn't. So technically he can get out of the lease but not me. Anyways, we are buying a house, expecting a baby, and trying to get out of this hell-hole. Please no nasty comments about breaking agreements and all that crap. Thanks.
My 'landlord' doesn't own the house I'm renting - what rights do I have?
After signing a contract for 1 year in November, we recently have had mortgage company employees knocking on our door saying the house is owned by them. After speaking to the landlord who assured me it was fine and that he did own the house, we received a letter today saying that unless we or the so called landlord can provide legal documents showing that he owns the house, then they have a right to evict tenants ect. I don't believe the landlord anymore and have zero trust in him so would like to break the contract. Due to him not telling us that he didn't own the house, do we as tenants have any rights to get money back ect. and this illegal for the landlord to rent a property without owning it?
Can you get a persons name removed from a deed if that person goes to jail and your name is on the other half?
My husbands father is on half of the deed and my husbands name is on half of the deed. The mortgage is 100% in my husbands name. If my father-in-law goes to jail, is there a way to have his name removed from the deed so we can sell the land and get out of the mortgage?