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c.................... (business)     20 June 2012

Wife demanding her share in property.

. Dear sir/ madam,Recently my have wife created issues claming her and my childeren rights in my property.She is staying alone at my home and allowing me to come back giving all types dhamkis and scaring.Past five months ago my had fall ill due that i had come to my native place for his care taking and that time i had asked my wife to come me help me to care father betterbut she refused.After a period of two months my father got expired even insisting her didnot come.She claimed all type false allegation on me and my family people and refusing as her husband no more she wants me stay along with.Now she started demanding my residence and other property rights.Is she liable to claim and what should i do to avoid this situation.please help me iam handicapped person and i have only my asset on which iam dependable for my bread and butter.thanking you 


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 4 Replies

Advocate Bhaskar Shinde (Advocate)     20 June 2012

If you are living in Goa, The Portuguese Civil Code lays down  a moeity right to your wife & children. And accordingly from the date of your marriage your wife has acquired equal right in your property. Therefore in that  event you are not the owner of entire property though it stands in  your name.

If you are living else where and governed by the provisions of Hindu law than in that case, except the maintenance of your wife and childern according to the standards they are entitled you can provide them by way of maintenance & cost of residence. But your wife cannot claim any right in your property as a co-sharer.

Big Iron (Officer)     20 June 2012

As per my knowledge,

If that property is self acquired, i.e. you have bought it yourself. Then nobody, other than you has any right on this.

 

However if that property is ancestral, then child born out of your wedlock will have right.


(Guest)
If she is giving false threat to u then u give in real back. Make her life hell. If wife does her duty well then nobody will forbid anything.

(Guest)

thats the way to go !!!


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