Can wife claim in property of husband?

Guest (Querist) 04 January 2012 This query is : Resolved
Hi All,
I'm Resident of Mumbai, I owned Room under Tenancy Law which is Under my name. I'm going through marital Discord which may end up in Divorce, Can My Wife Claim any rights in my Room. It is Under my name as Tenant. my Wife never stayed at my room (under my name) with me. She was with me at my Parents house and left within 1 month. I want to Divorce my wife same time I want to save my property from my In-Laws & Wife.
Can I Make Deed of Hiba under my mom's name?
or
Do I need to Transfer Tenancy under my mom's name?
I've already made one Power of Attorney for my mom for that home.
will that be sufficient or any other safe guard?
Please Advise

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Devajyoti Barman (Expert) 04 January 2012
Tenancy can not be transferred without the consent of the landlord.
So rest assured, your wife can not claim share in the tenancy nor is there any need for hiba .

Deepak Nair (Expert) 05 January 2012
Rightly advised by Mr.Barman

prabhakar singh (Expert) 05 January 2012
When you are tenant then your right is that of a tenant,after divorce your wife can NOT claim any right in property and you neither need nor legally entitled to make any deed of hibba or gift.such a right vests in owner,your land lord and not in you.

You can make ration card,voter card etc.for this address in name of your mother or in name of children
who can claim tenant's right after you.

V R SHROFF (Expert) 05 January 2012
Your wife was not using this house as a matrimonial home, so she cannot claim residence Rights, in rented room, under DV Act.

You are only a tenant, and do not own property. So your wife cannot claim any right in your rental room

Shonee Kapoor (Expert) 05 January 2012
Agreed with experts,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 05 January 2012
@Prabhakar Sir,
after divorce wife can claim any right in property ?
Can you Tell me what she can claim

Raj Kumar Makkad (Expert) 06 January 2012
Various aspects of the query have already been replied in detail and if any portion still remains to be understood then the author should come forward.

prabhakar singh (Expert) 06 January 2012
Dear author Zameer!

Not even divorcee wife would be able to claim any tenancy right in room in question.

At best she can demand her MEHAR if unpaid by you and after divorce probably maintenance u/s 125 Cr.P.C but no right in any property you own.