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Sachin (Executive)     29 June 2013

Share in property

Dear Experts

Kindly reply to below queries.

 

1) During divorce proceeding or after divorce, can wife legaly get 50% share in property owned by husband?

 

2) During divorce procedding or after divorce, Can wife legaly get 50%  share in husband's bank balance.

 

Thanks



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 June 2013

in general, wife may get maintainance only as per the financial status of the husband.

Adv Archana Deshmukh (Practicing Advocate)     29 June 2013

1) During divorce proceeding or after divorce, can wife legaly get 50% share in property owned by husband?

NO.

 

2) During divorce procedding or after divorce, Can wife legaly get 50%  share in husband's bank balance.

NO.

1 Like

Sachin (Executive)     29 June 2013

Thans you  Archana ma'm

 

We have a son of 3year age. Still your reply is NO against my two queries?

 

Thanks

Adv Archana Deshmukh (Practicing Advocate)     29 June 2013

Still my reply will be the same.. As far as child is concerned, then if it is in the custody of the wife then, the father will have to pay maintainance for the child but having a child does not give any right to the wife over husband's bank balance or his self acquired property.

2BHelpfull (Other)     30 June 2013

50% share in husband property that law is in pipe line but has not been enacted till date , so as of now old family law prevail .

and as per old family law, ans to ur both question is no.

well she can claim right of residence under DV Act but not share in property.(if in property her name is not mention)


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