Property rights of wife ...

Sunil Kanwar (Querist) 24 February 2018 This query is : Resolved
After about 22 years of marriage , wife stopped living with husband and goes to her parents home without giving any reason. Wife left home about two years back as husband was posted at a very distant remote place .
Many efforts made to call her back ,but she did not return.
Summons also sent by family court under conjugal rights, but she refused to take summons . Matter likly to decided by court ex party.
Husband has purchased a flat in delhi about 7-8 years back and had got it registered along with his wife's name as a normal good gesture.
Wife not earning member..
Wife's only interest is in the share of husband,s property.

Can wife entitled for share in above circumstances .
Please advise .
Sunil kanwar

Follow Query

Report Abuse

Vijay Raj Mahajan (Expert) 25 February 2018
Unfortunately the wife will have 50% share in the property which was purchased in joint name with the husband. There is no document to state that the share of the wife hence by logic the wife shares equal percentage in the property as that of the husband. The wife may agree to relinquish her share in favour of the husband and make him sole owner of the property is another issue.

Guest (Expert) 25 February 2018
Seems to be a hypothetical query, as you have not used the first person in description, while you have been using only the husband & wife in the description. ARE YOU THE HUSBAND? If not, how you are related with the problem?

Also, if there is any truth in your story, what about the children of the husband & wife, who may have born during the last 22 years?