Distribution of property

shyam lal (Querist) 02 February 2024 This query is : Resolved
A husband and wife build a house collectively with their individual earnings.as a result the property on record is in the name of both.husband and wife.
They have two adult sons.
The situaton is the wife for some reason wants to seperate from the husband and demands her share of the property ..which physically can not be divided.
Queary under these circumstances whom do the sons ask for their individual shares ?

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This discussion addresses a couple who jointly own a house built with individual earnings. When the wife seeks a share of the indivisible property due to separation, the advice is that neither spouse can force the other out. If a dispute arises and the property cannot be physically divided, either party can pursue a partition suit in court, which may result in the property being sold and the proceeds split equally. The adult sons have no claim to a share as it is not ancestral property.

kavksatyanarayana (Expert) 02 February 2024
The property is in the name of both wife and husband and hence they are joint owners and if any of them wants to separate, 1/2 undivided share for each, one can relinquish his/her rights on the property by taking the amount from the other. But the sons cannot ask anyone of them as it is their own but not ancestral to ask the parents. The wife and husband can enjoy as they like. If any of them want to gift it to anyone for their share.

shyam lal (Querist) 02 February 2024
Satisfied with the anwser Thanks Expert K Satyanarana

kavksatyanarayana (Expert) 02 February 2024
thank you and you are welcome.

T. Kalaiselvan, Advocate (Expert) 09 February 2024
This property is on the joint names of the couple.
If they have any matrimonial dispute and want to divide the property which is indivisible, then the aggrieved party can approach court with a suit for partition, wherein the court may bring the property for sale and the sale proceeds would be distributed to both equally.
The son who is not a owner cannot claim any share in the property as a right

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