Can wife are laible to get share in property of husband with or without divorce
Nagesh Swami
(Querist) 28 April 2015
This query is : Resolved
R\Sir,
My friend Mr.Rahul Kinikar, R\o Nanded.he currently filed divorce case against her wife on cruelty basis. He is a tax professional. He have no any ancestral property. before six years he purchased one plot his own name in his own earning. Today my friend question is her wife or towards her child anyone can get possession in his residential house. or they have any right in his property. he is ready to give maintenance to his child.but he is under confusion against her wife share in his property or not.
Please clear this doubt.
Devajyoti Barman
(Expert) 28 April 2015
Yes, the wife can claim for order of residence in the property owned by her husband.
However the wife or the child has no right of share in the property.
Nagesh Swami
(Querist) 28 April 2015
Thank You sir, for your kind support and clarification. R\sir, my friends have no any objection if she ready to come and live with him , only his wife's parents are creating fear in his mind, she is equal owner of his property. Because my friend earn these all things on his own handwork. So, he is becoming confuse, after all he is ready and accepted to give share to his daughters but he his no ready to give any share to his wife.
Sir, After his death only she have rights in the property , is it right sir or not.
Under DV act she can only live in his house correct na sir
Rajendra K Goyal
(Expert) 28 April 2015
If the property is not in the name of both, wife can not claim ownership on it. She can claim residence in the owned house of husband, can not be forced to live with him as wife.
ajay sethi
(Expert) 29 April 2015
agree with experts
Nagesh Swami
(Querist) 29 April 2015
Thanks Rajendra Sir, your second line not clear understand to me, "She can claim residence in the owned house of husband "
So, once again clear this line.
Nagesh Swami
(Querist) 01 May 2015
Thanx , Patil Sir. Very useful opinion for us.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
She has rights to live in the matrimonial house as his wife but cannot claim a share in his property.
Nagesh Swami
(Querist) 04 May 2015
Thanks, T. Kalaiselvan Sir, for your useful opinion. My Another one question sir, can my friend restrict to his wife to file DV complaint against him & against his family members. Since last six month her wife living with her parents. My friend is filled Divorce matter in the court on grounds of cruelty basis.Till to date they are not present before judiciary or no any her representative in the court on summons issued date.as well as they not given any reply to notice of my friend. So, Please suggest what is best remedy to restrict to file DV complaint against my friend and his family members.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 29 April 2015
