Can Wife claim property share on divorce?

Your wife shall have no right in your property once divorce is granted, except that she can claim maintainance. If maintainance is granted, then if you do not pay, she can recover it from your property. A sale deed is executed when the ownership of the property is transferred for a consideration while in case of a gift, the ownership is transferred for no consideration.

2) no.

3) both.

4) no.

5) in yr case, gift or sale does not bear much diffrence. at the time of maintenance,yr property which is  in yr name, will be considered as a factor. transfer of the property by way of gift, requires less tax payment considering to sale.

Hi Arup,

Is answer to question 3) above is both!?...as I have heard from my advocate then if you tell to court that I am ready to pay montly maintenance then no question of permanant alimony!

If there is no will, the property will be treated as ancestral and  as per hindu sucession act, your mother and your siblings will get their name on the property. According to D.V act, a woman can claim right to residence in shared household. Does ancestral property come under the purview of shared household? If it does then will we have to carve out a piece out of that property for her right to residence?

consult a lawyer and make conditions favorable for u.

Your wife will not have any share in your family's property. If alimony is awarded by the court may take order that it should be fulfilled from your share of property. 
If you transfer the property in form of gift your wife may challenge that gift on contention of evading making maintenance payment. If you are willing to pay monthly maintenance then do so without disturbing your family property. 

I do agree with the views of my Ld. friends. U can call me at 9871158578 for further details & help.

I can understand about the property owned by Husband though the law says that wife can claim only on the jointly held property. But what about ancestral property? Can she claim anything on it either thru DV right to residence or anything else?

Respected all,

I am looking for a judgement where petitioner wife being awarded 50% of the Defendant’s property as permanent alimony in divorce case. Prabhakarsir has mention that Bombay high court has recently awarded the same. Please help me by providing details of the case.

Dear Experts

I am in the need of judgements  where Permanent Alimony has been granted more then 20,00000.  I will be greatfull  if you can kindly share the  citation no or link of the same.

 

with regards

Nazeera

hellow pc,

 

"I am ready to pay montly maintenance then no question of permanant alimony!"

- here, montly maintenance is permanant alimony.

i  just now noted yr question.

can she file for maintenance or permanent alimony or both?

she can file whatever she likes.

she will get according to act.

maintenance and permanent allimony are almost same.

perhaps you want to know that whether she can claim

(1) maintenance pendentilite u/s 24 hma, (this for before devorce) &

(2) permanent allimony u/s 25 hma ( for after divorce)

both can be claimed simulteneously.

mr pc i think now you have got the point.

hellow naz,

if it is for yourself, then you have to go to your personal law not hindu law.

hindu law for hindu's only.

here discussions going on hindu law.

wife can claim maintenance not the property.

property is linked with the maintenance and that missing link is,

- at the time of calculating maintenance, property taken into account.

- if one is unable to pay maintenance, then his property be attached.

i think now matter is clear.