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shabri (Unemployed)     13 February 2013

Wife entitled to share in her husband's benami property ?

Is a wife entitled to a share in her husband's benami property in maintenance if he bought the property on his siblings name to escape maintenance. ?

Need clarity on :
1.The husband bought a property on his sibling's name and has been paying installments for the past few years. Is his wife entitled to a share in his BENAMI property ?

2. The husband has given the power of attorney to his family person. Is the wife entitled to claim a share ?



 1 Replies

MohammedRaffiq Bijapur (Advocate)     13 February 2013

No. she cannot claim her share even if she proves that it is her husband's peoperty. 

However if she succeds in proving the benami transaction the property can be attached in enforcing maintenance.

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