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Ramesh (administrator)     11 July 2013

Wife right in husbands property - divorce

To all Legal experts,

I have purchased a flat in joint name with my father wherein both of us have funded the property.  The flat was purchased after marraige.

can my wife have right to that property in divorce .?



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 3 Replies

Raajeev Sampat. (Self employed.)     11 July 2013

To my knowlegde the wife does not have any right over her husbands property.She only has the right to claim alimony and maintainence from you.If she is one of the holders of the property then she can claim her share according to her shareholding in the property.She cannot claim any of your properties if her name is not there in the holding.There is a new bill which was proposed in the parliament recently to give 50%share in husbands property to the wife but that has been deferred to a group of ministers which no one really knows when the outcome will be.I dont think they will pass it as they know that even the property worth crores that  they have amassed in their political career may go 50% if his wife decides to go.

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

She cannot claim ownership rights in the flat.

RS (PA)     11 July 2013

Am not a lawyer , but here are my 2 cents on the same

1. she may not have title right but she can claim residence rights under DV (irrespective of divorce) and also check HMA 27 appliaclibity.

2. She can file an injuction petition under order 39 rule 2 and block any third party right being her matrimonial home.  this would also mean even if you or she files divorce , she can still stay in your house and contest divorce , please read the recent judgement from Bombay HC , kanade and reis bench.

once she has a injunction she will then use as bargain technique.

i have one question to all legal experts here

can a court order alimony or maintenace if the same has not been prayed as relif by Wife ? if so under what section

1. there is no petition undr HMA 25 by wife

2. The wife has left matrimonal home and staying away on her own accord and earns more than 1 lakh /month

3. there are no kids

4. Divorce petition by husband

 

 


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