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Mandar Deshpande   17 July 2021

at the time of divorce can wife ask husband's parents or ancesteral property at the of divorce

I'm getting divorce and my spouse is asking for compensation as flat which is on my mother's name . can she claim that as compensation?


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     17 July 2021

No, She has no.right to claim any share in husband's or in ancestral property nor she can claim any compensation towards the same.

2 Like

Mandar Deshpande   17 July 2021

what about alumni if she is asking for divorce not me..

Shubham Bhardwaj (Advocate)     17 July 2021

Dear Mr Deshpande, 

I completely agree with learned expert Sh. Bhartesh Goyal G. A wife has no right to claim property of husband in a divorce case as she is not a co-parcener in her husband's property. However, she can definitely ask for alimony for her and child (if any). Although the quantum will be decided by the court looking at the circumstances of her living and your income capacity.

Now another issue that you have raised is regarding the fact that she is the one asking for divorce. In that case it would be a contested divorce i.e. where one party wants it and another party does not. In such a case, the Plaintiff has to prove the grounds for divorce. I would advise you to talk to her and see if her problems can be resolved. If a relationship can be saved, it should be done.  If not then its unfortunate and you ll have to hire a advocate to represent you. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance.  

Doveson (advocate)     19 July 2021

irrespective of who wants a divorce, alimony would be awarded by the court if your wife has no earnings of her own. flat cannot be asked for since it doesn't belong to you. permanent alimony, i.e., after the case is disposed of will depend on whether she proves her case or not. if you prove that her seeking divorce was unwarranted, then you may not have to pay any further alimony after the case is disposed off. 

srishti jain   19 July 2021

As per your query,

In the present situation of law, a woman does not have any right or claim over the ancestral property. Only coparceners of a Hindu joint family (Mitakshra) are entitled to inherit ancestral property. Because the wife is not a coparcener, she has no right or title to the ancestral property. However, the wife has the right to be maintained for life out of the joint family property.

Section 18 of the Hindu Adoptions and Maintenance Act, provides for the wife to be maintained by her husband during her lifetime. Section 19, on the other hand, speaks of the right of maintenance of a widowed daughter-in-law by her father-in-law. The wife has no such right to enjoy joint Hindu property, as enjoyed by the other relatives of the husband.

Hindu law does not grant any rights to wives in marital property. The wife will only have rights in case of inheritance. On divorce, the right to inheritance disappears.

Your wife cannot claim a flat as compensation. However, she has the right to be maintained.

Hope it helps,

Regards,

Srishti


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