LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay   22 January 2018

Hindu woman's right - divorce

What rights does a woman have over husbands property and income in case of divorce


Learning

 3 Replies

Kumar Doab (FIN)     22 January 2018

The decree of divorce ( from Hindu Marriage as title of query) from court has been granted or not?

The husband is alive or not?

The property of husband is self acquired or ancestral or in  joint ownership with wife?

 

Post full facts of the matter.

Kumar Doab (FIN)     22 January 2018

The Wife/Daughter in law has NO forced share in self acquired estate/property of Husband/ Grandfather in law/Father in law/anyone from in laws side.

The wife is not Co-parcener is ancestral property of husband.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters………..

The share in ancestral property devolves upon his legal heirs. In case of Hindu woman the nature and source of property matters. In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters……….. If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father. If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.

The property from mother’s side is not ancestral.

You can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir.

1 Like

Kumar Doab (FIN)     22 January 2018

Either of the spouse can dispose their respective property(ies)  without any need for any consent etc from other spouse........

 

Maintainance, alimony; The  earning spouse ( husband or wife) may have to pay   non earning spouse so that the non earing spouse can live in same status as used to be...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query