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sanjeev001 (executive)     23 August 2011

Can wife lay a claim on property after filing for divorce

dear sir/madam,

                          i own a flat in joint ownership with my brother, my brother being the first owner, i am expecting a divorce filing from my wife, and demand of compesation of some sort, in such a scenario, can the wife lay claim on my flat in which my brother is also a joint owner? if yes, does transferring of property entirely to my brother save it from any claim from wife.

Thanking you and awaiting your valueable adivce



Learning

 20 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 August 2011

Wife is not entittle to claim share in the property after divorce, she is not entittle to claim.



(Guest)

Sir,

I had some properties in my name but I gifted these immovable properties to my brother fearing a divorce proceedings from my wife. Whether, still she can claim or entitle to her share in the properties?

Regards

Anil


(Guest)

She is entitled to only your property and no one elses...good that you gifted your property...

Shastri J.K. (Practice in The High Court of Chhattisgarh)     23 August 2011

 

I agree with adv. rajeev ( rajoo )


(Guest)
Originally posted by :Rohit Verma
"
She is entitled to only your property and no one elses...good that you gifted your property...
"

how and under which Act??



(Guest)

@ Utpala....you are pathetic and an extortionist....

you want the property of your husband as well as his father's property....?

Waaaah kya baat hai!


(Guest)
Originally posted by :Rohit Verma
"
@ Utpala....you are pathetic and an extortionist....

you want the property of your husband as well as his father's property....?

Waaaah kya baat hai!
"

If u dont know law then dont give legal advice.Rather give some moral support to the victim.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 August 2011

Wife can lay claim on property under DV as well. Whereby she can get right of residence and it would be difficult to evict her.

 

Also, during permanent alimony u/s 25 of HMA, the properties that you own would be calculated for the purpose of deciding alimony.

 

Also Sanjeev, it would be better, if you put all your questions in a single thread to get better advise, people who are responding this thread has not gone through your other threads and hence you would get incomplete advise.

 

Regards,

 

Shonee Kapoor
Handphone: +91-9999026561/ +91-8010850498
Email: harassed.by.498a@gmail.com

Blog: https://ipc498a.wordpress.com/
Forum: https://forum.498a.org/
Website: https://www.498a.org/
_________________________________________________

Sirf Hangama khada karna mera maqsad nahi,
Saari Koshish hai ki ye surat badalni chahiye.

Mere seene mein nahi to tere seene mein sahi,
Ho Kahin bhi aag, lekin aag jalni chahiye.

baldev singh chhabra (Chief Associate Advocate)     24 August 2011

She has living right in her husband's property if she is not divorced.

Roshni B.. (For justice and dignity)     25 August 2011

as per my knowledge,wife has no right in husband's property.

 

if she files a DV Case and he does not pay her maintenance as per magistrate's orders,the magistrate can order him to pay maintenance by taking control over his house.

 

if husband dies without a will before their divorce,she gets property share.if he writes a will in someone else's name,she has no right.

 

PS-I am not a lawyer


Female Activist (housewife)     25 August 2011

this is guys does, give proerty to mother, brother, gf but to wife and children. be a man, accept responsibility

Anil Agrawal (Retired)     01 September 2011

When shall we grow up and learn how to manage our property and finance. Why marriage as an institutio is crumbling and we find litigations of divorce and division of property piling up. Even children are dvided between parents. What kind of economic independence and ego are these that are ruining the families?

Anil Agrawal (Retired)     01 September 2011

Shah Bano case, DV Act, Atrocities Act on SC/ST are the result of knee-jerk reaction of Govt. Even 138 cases fall under this category. To kill a snake, they got a mongoose. To kill a mongoose they got a lion. Now to kill a lion, they are groping in the dark. These cases are piling up and govt has no clue to their solution. 

More laws. More corruption.

samadhan (self imployee)     06 April 2012

my property given gift to my brither and sister . can my wife lay claim on poroperty after filling for divorce ?



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