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harrassed (SE)     06 November 2014

Does the wife has rights to get the property from husband

Hello All,

Does the wife has any rights to claim the property of husband or husband's parents? What about the rights for the child? after divorce

Thanks in advance


 7 Replies

rising up again (FFF)     06 November 2014

As per current laws........Wife has no right on husband's property or can demand a share. She can always demand maintanence but that too is not possible if she earning good. 


Child always have the right of maintainence and you as are a father will have to ensure a good future for the child. It goes the same for the mother too. If she earning, she will also have to take care of the child. 

Custody of the child goes to the parent deemed best for the child's safe and smooth future and upbringing. 


Read numerous queries / thread on the same topic... in this forum. 



T. Kalaiselvan, Advocate (Advocate)     07 November 2014

Neither wife nor the children or anyone can claim in a person's self acquired property.  The wife can claim maintenance amount from her divorced husband, the children too can claim maintenance to certain age.

harrassed (SE)     07 November 2014

Thanks all for the prompt response.

How can I make my wife to stay outside of my house. She is working. Also, I'm fine to pay maintenance. She has occupied my house and threatening of several cases. Unfortunately we are staying out of our house. The house is registered on my name and my mom's name.

Wife is saying that she is owner of the house.

Please advice.

rising up again (FFF)     07 November 2014

She may say she owns the TAJ MAHAL ..... !!  Only her saying that she owns the house does not help. 

BUT, If the house is in ur name and ur mom;s name.... you really cannot do much. As you being a co-owner, ur wife gets the right to stay there and you can never throw her out. 


Now, two things....

FIRST -  If you NOT planning to go to courts any soon, transfer your rights to your mom and she becomes the wholesole owner of the house. Gift it to her...or better sell it her... !! Make those bank transfers to show it is a legal sale. Do this as secretly as you can... Now, if you go to courts after few months / years, you may say.... u needed money at that point of time, so you sold off your share to your mother. BUT, if you go to courts sooner, then it will be easily proved that the transfer/ gift / sale was done with malafied intentions..    HENCE, you bear a risk on how the court takes it . 


SECOND - Sell the house secretly, before you go to courts. With that money buy a house in your mothers name . Rent a small ONE BHK flat and make your dear wife shift with you there. Give her basic food / amenities and live there for once a week. She then, cannot forcefully enter your MOM's house. Then the battle starts in court....and years are wasted.......!!!! and no one wins.. !!!! 









harrassed (SE)     08 November 2014

Hi Rising up Again,

I asked the bank about the gift deed. They said that only when the loan is closed I can provide a gift deed. So that option is ruled out. Now, if I want to sell the property atleast I need to get probable buyers to look at the house. She is not allowing any one to enter the house. The moment I enter the house she is threatening that she will got to police station. As I'm in interim bail, I'm scared to go to my own house. I'm trying to figure out ways to get her out. In fact, I'm fine to give maintenance to her if it is required. Any ways she is working as a teacher (I have got this job for her). I want her to move her out. Please advice.

UniteFamilies (Social Worker)     10 November 2014

There is another option for you. You can gift certain percentage of your property to someone within your family. Let's say you have paid 30% of loan then that 30% you can gift. Remember you have to pay stamp duty on 30% of index value of the property. If that house was matrimonial home then judge may put stay on that home. 

maxx (pvt service)     10 November 2014

@united families and rising up again......what will be scenario if my brother and i own the flat and it is on rent to a tenant.....can the court force the tenant out of the house in DV case. in her petition she has asked for rent for an accomodation. so will the court order  the tenant out and let her in since i am the joiint owner or will the court grant her a rent.

the property is bought on loan and EMI is being paid.


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