Wife not ready to stay in rented house

Anand (Querist) 23 October 2009 This query is : Resolved
Hi

My wife is not getting well with me and my family. I asked her we will stay seperate in rented house but she is refusing to do it.

Any idea why she is saying like this? is it related to property anyhow?

Thanks

Anand

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Anand (Querist) 23 October 2009
Hi

My family, me and my wife staying in my house. House is on my and mother name.

Thanks

Anand

A V Vishal (Expert) 23 October 2009
ANAND

YOU SHOULD BE IN A POSITION TO UNDERSTAND BETTER SINCE YOU KNOW HER, YES PROBABLY PROPERTY CAN ALSO BE A REASON ANY WAYS WHO OWNS THE PROPERTY?

A V Vishal (Expert) 23 October 2009
THEN PROBABLY SHE FEELS SHE HAS ALSO A RIGHT SINCE YOU ARE A CO-OWNER

Anand (Querist) 23 October 2009
Hi

Does she really has right if I am co owner?

Can she claim anything in my property if we get divorce?

I am going to tranfer my share in house to my mother by release deed? Is it right way of doing it?

Thanks

Anand

A V Vishal (Expert) 23 October 2009
Already answered your query in private message plz check

Anand (Querist) 23 October 2009
Hi

Thanks a lot for private message.

Does my wife really has right in house if I am co owner?

Can she claim anything in my property if we get divorce?

Regards

Anand

Guest (Expert) 23 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.MUMBAI,ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE WIFE' S RIGHT IN HUSBANDS SHARE IN HOUSE PROPERTY KINDLY NOTE THAT

1.WIFE IS ENTITLED TO CLAIM SHARE IN MARRITAL HOME OF HUSBAND UNDER PROVISIONS OF PROTECTION OF WOMEN UNDER DOMESTIC VIOLENCE ACT.
2.IN CASE OF DIVORCE THROUGH COURT THE DIVORCE PETITION AND REPLY FILED FOR THE SAME BY OTHER SIDE AND THE FINAL ORDER DECIDING THE MAINTAINENCE OR PERMANENT ALIMONY FOR WIFE WILL DICIDE THE MATTER.IN CASE OF PROPERTY OF HUSBAND IN CASE SPECIFIC MENTION IS THERE THEN IT WILL BE BINDING ON BOTH.

IN CASE ANY FURTHER HELP IS NEEDED KINDLY SEND DETAILS .OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

Khaleel Ahmed (Expert) 23 October 2009
You are advised hereby consult your nearest family counselor.

Sachin Bhatia (Expert) 23 October 2009
Wife is entitled to claim share under Protection of women under domestic Violence Act. She can claim maintenance from you.

Raj Kumar Makkad (Expert) 23 October 2009
Your question is confined only upto right of residence in your house after divorce and I am of the firm opinion that she has go no such right after formal passing of decree of divorce.

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