Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Working Couple Divorce and division of property

(Querist) 11 November 2017 This query is : Resolved 
A husband purchased a house on loan and has paid it's instalments from his salary, The wife a working women, now in case of divorce can she claim her stake or share in this property. the house is in the name of husband
Vijay Raj Mahajan (Expert) 11 November 2017
No claim of wife in the self owned sole property of husband during his lifetime and even at the time of divorce.
Rajendra K Goyal (Expert) 11 November 2017
Claim does nor rise only due to the reason that she was / is wife when husband is alive. If her name is in the property title / documents she has share in it.
Advocate Bhartesh goyal (Expert) 11 November 2017
No,wife can not claim share in husband's Own property at the time of divorce and even during his lifetime.

Guest (Expert) 11 November 2017
Vague query.

Let them first file a divorce and division of property case.
Dr J C Vashista (Expert) 12 November 2017
In case of filing a suit for partition, possession, mesne profits by wife it would not sustain since the property is self-acquired and solely owned by husband.
Dr J C Vashista (Expert) 12 November 2017
I agree with expert Jigyasu, file a divorce petition before seeking a share in the property of husband, however, the legislators have yet to consider the point.
Guest (Expert) 12 November 2017
@ Dr. J.C. Vashista,

Thank you Sir, for agreeing with my point of view.
Dr J C Vashista (Expert) 12 November 2017
Dear Mr. Jigyasu,
You are most welcome.
Although other experts viz; Mr. Vijya Raj Mahajan, Mr. Rajendra K Goyal and Mr. Bhartesh Goyal have also advised on the very same lines, which is again very much appreciated, yet I observed some additional advise for filing suit for division of property by wife in your response, that's why I have mentioned/addressed especially to you.
Warm regards. .
Guest (Expert) 12 November 2017
@ Dr. J.C. Vashista,

Thanks for updating me. But, my post was not an advice, rather was just an indicator towards possible hypothetical problem or a premature issue without the problem or dispute in sight.

Moreover, the querist has not shown any of his personal concern with the problem. That is why, as per my belief the query was merely an academic exercise, not a real problem.


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