Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Torque9409 (Business)     25 December 2015

Husband's right on Wife's property

Can somebody explain whether a husband has the right to claim in wife's immovable property bought during the course of matrimonial life where the property is registered in her name alone.


Learning

 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     25 December 2015

Can U mention the source from where the property was purchased? If not the matter is not that easy.  If the property has been purchased by the entire amount of husband but he has gifted it to the wife by registering the property in her name, he cannot reclaim it as once gift is given, it is irrevocable.  Next, if the husband proves that every paisa gone into the property is his own, the wife can challenge such proposition in three ways - (1) she has brought dowry and some part of dowry has gone in purchasing property (2) she is a working woman and husband used to take her income and deposit it in his account and through his account the money has gone in purchase of property, so even though the money has gone from husband's account, it shall not be treated that the entire amount was earned by him.  (3)  If she is a housemaker, even though she is not earning in monetary terms, she can ask the court to value the domestic work she is rendering while ascertaining the origin of money in purchse of the property.  If the housemaking does not have any monetary value, the house wives who put all their hard work in homes become paupers without having ownership of any immovable property or survive at the mercy of their husbands' benevolency.  That is why, in this world, even though half of the population is women and they render 2/3rd of the total work, their ownership on the property is only 1/5th.

As she has got title on the property, prima facie the case is in her favour and the balance of convenience is also in her favour. 

These are my views,wait till the other legal experts reply.

saravanan s (legal advisor)     25 December 2015

no rights can be claimed over the property as it is her self aquired property

Torque9409 (Business)     25 December 2015

Husband and wife both are working... Husband gave part money for the property... Further, in this case, can wife claim right on self owned property of the husband...

Kumar Doab (FIN)     25 December 2015

Husnabnd and wife have no forced share in self acquired/earned proeprty of each other.

 

Advocate Bhartesh goyal (advocate)     26 December 2015

No,As per Benami Transaction Act husband can't claim any share or right over the property belongs to wife's name even though husband has invested the money to purchase the same.

Advocate Bhartesh goyal (advocate)     26 December 2015

No,As per Benami Transaction Act husband can't claim any share or right over the property belongs to wife's name even though husband has invested the money to purchase the same.

Torque9409 (Business)     26 December 2015

Sir, What would be the right of wife on husband's property?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register