Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Neha   13 June 2022

Spousal rights to property

I am planning to buy a new 2 BHK in Delhi with my savings and home loan. I already received a reply stating my estranged husband cannot legally claim right to my newly acquired property. But, I want to clarify few other points that I am aware of

 

1. What about when wife gets 50% of the husband's property upon divorce, won't same law's would apply in my case if I buy a new property before divorce?

 

2. What about when estranged wife's does not leave husband's house until settlement takes place, won't same law's would apply in my case?

 

3. Can my estranged husband allege that the property is purchased from marital income?



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 2 Replies

Real Soul.... (LEGAL)     14 June 2022

1. What about when wife gets 50% of the husband's property upon divorce, won't same law's would apply in my case if I buy a new property before divorce?

no such thing applies on property of wife owned by her. 

  2. What about when estranged wife's does not leave husband's house until settlement takes place, won't same law's would apply in my case?

it is not like that, you can leave but yes if you purchased a house it will effect your maintenanace and Almony. your husband has then right to refuse or pay minimum alimony .

  3. Can my estranged husband allege that the property is purchased from marital income?

yes he can, he will and he has every right to raise any attack,

 

KUNAL   20 June 2022

Pt No 1 & 3: If you buy new property out of your own funds/ income, its your own self-acquired asset & hence your husband can't claim it. But yes, then your husband haa right to refuse to pay maintainance

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