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Vikash (Project Manager)     24 March 2012

Property share with new amendments

With Todays amendments in HMA about share of wife in Husband's property during divorce what would be effect.

Can wife claim over her share from Husband's property which is jointly owned by Two brothers? If husband has transferred his share to his brother through Gift Deed before divorce. What in this scenario? Still wife would have any right ? Can wife appeal in court that property was intensly transferred anticipating Divorce? Please let me know with new changed law as earlier wife was having only resenditial right and property of husband was only basis for deciding alimony...


 1 Replies

Manav Kalia (Arguing my own cases..)     24 March 2012

It will definitely have an impact. Whether bad out good remains to be seen. Earlier it was alimony, now the option of one time settlement is also there. Might actually work out better for husband. Pay one time settlement in lieu of paying alimony for the rest of your life. Alimony or settlement would be on the basis of property. In theory, this amendment should have negligible impact, but then theory and practice are miles apart..

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