amit pandey (Architect) 09 April 2011

Share in husband's property

Hi to all lawyersclub members. i m having a query regarding share in husband's property. as i read in the thread posted by 'Ms.Damyanti' that it is recommended in rajyasabha regarding property share news 6-april.

what does this mean???

i m fighting divorce case. wife has already filed a case for share in property. i m also having a 2.5 years son living with wife. i m also salaried person. having 2-3 properties in metro. just to save from tax, i put wife's name as coowner in one of the property, altho' she didnt pay anythng. but she is claiming that she gave me 2 lakhs in cash during purchase the property.

(a) wat would be the share of wife in that joint regsitered property. can my son (who is living with wife) claim share in that property.

(b) can she also claim in my self acquired property??

(c) wat is teh legal importance of the bill that was presented in rajyasabha, regarding equal distribution of property between husband and wife

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8 Replies

Y V Vishweshwar Rao (Advocate ) 09 April 2011

In the aobve givne facts - as on thsi day the Bill is nto passed - the Wife is enttield for maitnanace , and for her streedhana property invested along with her husband in proerty or in any ventures - son is also entield for maintance and other benifits -

Y V Vishweshwar Rao (Advocate ) 09 April 2011

Originally posted by :Y V Vishweshwar Rao
"	In the above givne facts - as on this day the New Act is not inforce - The Wife is entitle for maitnanace , and for her sthreedhana property invested along with her husband in proerty or in any ventures/business /assets - son is also entitled for maintance and other benifits -	"

adv. rajeev ( rajoo ) (practicing advocate) 09 April 2011

During the life time of the husand wife cannot calim share in the husband's property, but if son/daughter calimed their share in the ancestral property then one share should alloted to wife. The new act is not yet come into force.

If your wife is contgributed the amount to purchase the property then she must disclose her source of income , she can not say blindly I have also contributed . If she proved she is entittle for half share in the property.

Rohit3110 (GM) 05 July 2011

In my similar case, Wife is joint owner of the property but she has never paid any of the EMIs till date since 2006 or any of the down payments. The loan is till 2020. All the EMIs have been paid from my salary account but which is joint account. She had never deposited her salary in this account in the last 15 years.

- Can she claim 50% ownership in this property ?

- What rights does she have on this property ?

- WHat legal steps can I take to secure this propoerty in my name.

Krish Narayan (Advocate) 16 October 2011

File suit for declaration of title of property....

Crime Reporter (XYZ) 17 October 2011

Dear Mr Krish,

Can you please write in more detail what is "Suit for declaration for title of property"

Regards

doss (none) 19 October 2011

hi, I need guidance on divorcing on grounds of not able to concieve, I have been married for 10 yrs now,My wife is not able to concieve with ART methods, is there any grounds i can divorce her. what could be the consequences-- Thanks