Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vishnu Vardhan   04 September 2021

Property settlement during divorce

I am a salaried employee. I have applied for divorce from my wife. We have a six months old daughter. She in turn have filed dowry harrassment complaint in police station and DVC case in court. The residential house is in the name of my mother. My father owned a agri land and deceased instate before our marriage. Myself, my mother and my two other brothers are the legar heirs of the property. Can she claim these property during divorce settlement. As of now I have no property in my name. My wife has one elder sister and her parents are retired government employees. ( Teacher and Driver)

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 1 Replies

minakshi bindhani   10 September 2021

As per your query
The wife has no right on the property. In the eyes of the judicial system, the property belongs to the person in whose name it's registered.
The marriage laws amendment bill, 2013 was introduced, dealing with a wife’s claim to her husband’s property. The bills lapsed shortly.
Added to this, in Section 20 of the Indian Succession Act, 1925, no person by marriage acquires any interest in the property of whom he or she marries.
Conclusion: The women property rights

Until the relationship is annulled the wife, can claim the maintenance and livelihood cost from the husband for herself and the maintenance of their kids but not the property share as a divorce property settlement.
Hope it clarifies your issues!
Minakshi Bindhani

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