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Can wife claim her right on my Mother's property?

Page no : 2

radhakrishnap (student)     27 August 2010

yes in one of the threads i too read that the wife can claim the property of the husband. now i got confused too.

please clarify...

if a property is purchased by husband after the marriage and the couple is residing in the property, but later due to disputes the marriage breaks up, does the wife stand any right to have her share in the property where they have been residing.

can the wife file for divorce under grounds of cruelty and still claim for 50% of the property??

Adv Archana Deshmukh (Practicing Advocate)     28 August 2010

If the husband is the sole owner of the property, then no question of 50% share in the property in case of divorce. However she can claim maintainance in the event of divorce and the property in the husband's name can be attached if he does not pay.

1 Like

radhakrishnap (student)     29 August 2010

THanks archana,

and if the property is attached and  the husband does not pay, how s the best way to recover the amount.

in case the husband is the sole owner, will the wife be entiltled to 50% even of the property is attached due to nonpayment.

what i mean is in case the property is in sole name of the husband,  and the charge is created on the property for maintenance. does it stand that 50% is the right of wife and the charge is created on the other 50% (thats remaining in the name of the husband)?

is there any transfer of the property to the name of the exwife if the husband keeps avoiding the court

Thanks

Adv Archana Deshmukh (Practicing Advocate)     30 August 2010

There is no such law in India that wife is entitled to 50% of husband's property in case he defaults in paying maintainance. Only the amount due is recovered after selling the property. The rest of the excess amount will belong to the husband. But attachment and selling of immovable property is a long process.

Adv Archana Deshmukh (Practicing Advocate)     30 August 2010

It is better to attach salary of the husband which is easy and hassle free.

1 Like

Arup (UNEMPLOYED)     30 August 2010

I think,  a mother in law can sue daughter in law - under dv act.

Adv Archana Deshmukh (Practicing Advocate)     30 August 2010

There is no prohibition as to that.

radhakrishnap (student)     02 September 2010

Thanks Archana,

would like to know approx how long would the execution procedure take.

salary to be attached... would be difficult in case the husband is absconding.

what do you advice would be the best way?


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