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Sherin (Engineer)     29 May 2012

Does wife has share on husband's property

Does Wife or his daughter has share on husband's property:

We are from Muslim community.My sister is got married to IT professional by paying heavy dowry during marriage.They have 1.5 years old girl baby.My sister's husband and in laws ill treated her and gave lots of physical and mental torture to her by demanding more dowry.Finally her husband left her,1 year back itself.Now she is alone and She is working in a private company. She has filed a 498(A) case on him and his family.Her husband a own flat and he is earning well.As she has a girl child,Can she claim for share in her husband's property or Can she file a suit claiming for her child's rights in her father's property.
Or if she wants to claim for one-time settlement instead of monthly maintenance for her child,Is that possible?If yes upto which extend can she make the claim?


Learning

 8 Replies

Adv. Chandrasekhar (Advocate)     29 May 2012

My suggestion is to go for relief of maintenance and shared household under domestic violence Act.

Sherin (Engineer)     29 May 2012

What does shared household under domestic violence Act means? What remedy will my sister get from that.

It is also to be noted that due to the bad situation around her, she can now longer continue a peaceful martimonial life with her husband in that case, if she files DV act and claims for shared household,will the court pass a order that she should live with him in that flat.

Her intension now is just for claim rights for her daughter in her father's property,So that being a girl child, it can secure her future.How can she do that?

Adv. Chandrasekhar (Advocate)     29 May 2012

First let me admit that I am not good in Muslim personal law related to property.  But whatever little information I got, that a girl is entitled to 1/2 share against one share of a boy.  DV Act and Section 125 Cr.P.C. are secular laws and are equally applicable to all denominations.  Even in Hindus, in an estranged marriage, either the wife or the child is not entitled to share of the property of the estranged husband.  At the most, they can ask for living rights in matrimonial home during the estrangement.  If she applies for shared household under DV Act and she apprehends any physical threat, she can simultaneously apply for protection orders also.  I request the other experts to reply to your querry, as muslim personal law is involved.

1 Like

sharmilla ram (general manager)     29 May 2012

As par muslim law as long as her father alive can not claim father property.after dead of her father can not claim 100 percent.some part will be daughter remain part will be brother of ur father..if ur father has son than no share will go to ur uncle. this is muslim law.but try ur luck as hindu law.most of the judges does not know  muslim law.u ve advantage coz u r girl so judge will consider ur each word is geeta or khuran which can not delete.try ur luck even ur father is alive judge can give u something.

1 Like

Nelofar (House wife)     29 May 2012

plz tell me can muslim wife claim for accomdation,if husband has unilateraly posted talaqnama to her wife,which wife has refused to accept.

Sherin (Engineer)     29 May 2012

I read in the internet that, According to the Marriage Laws (Amendment) Bill, 2010, which was cleared by the Cabinet, it seeks to give a woman a share in her husband's property.

The government has accepted the recommendation of the parliamentary committee that women should have a share in the property of her husband in case of a divorce but the quantum of share will be decided by the courts on case-by-case basis.

My doubt is that, is this Amendment passed as Law or is it still pending.

Question 1) Based on this, can my sister claim for her husband's property?

Question 2) My sister got married according to muslim marriage law, in that case is this Marriage Laws (Amendment) Bill, 2010 applies for her also, or is it only for hindu marriages?

Please help my sister and her little daughter in getting their rigths.

Adv. Chandrasekhar (Advocate)     29 May 2012

It is only a bill, not has become Act.  It will take time and may be some amendments before it becomes Act.  The proposed amendments are only in Hindu Marriage Act and Special Marriage Act and not applicable to the people married under other personal laws. 

Rajeev Kumar (Lawyer/Advocate)     29 May 2012

The said Marriage amendment act 2010 is still not become law as the bill is not passed by parliament. According to that law it is applicacle only when the husband files divorce cases.

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