LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

HelpmePlzz (-)     24 July 2013

Wife right on property in husband name

Please advise me how can I save my property which is registered under my name, from the greed of my wife. I have been married for almost 4 years and just after 6 months my wife started threating my family (Mother, sister). I am the youngest in my family and all other siblings are married and settled. My wife, myself and my mother, my 2 years old daughter were staying together in the property but often had quarrels about family issues, she went to police as well making a false complain and while in fight she shouts without any reason (saying bachao, bachao) to make neighbours aware.. She keeps threatning me for police complaints and keep saying that she would put me and my mother behind the bars. She is a lawyer by profession.  My mother is now living separately with my elder brother for last 6 months.


I have a flat registered in my name and she keeps saying that she will accquire the property. Is there any way I can save my property. I heard about gift deeds, by which I can gift it to my mother.. will that help in this case.

I am still paying EMIs for my flat. or is there any other way using which I can save my property?


 7 Replies

Khushboo Solanki ( -)     25 July 2013

As per Indian Succesion act a wife has primary rights in the property of her deceased husband. A wife can acquire her husband's property by execution of law under indian succesion act on death of her husband. However, wife can also acquire husband's property by act of person i.e her husband not being dead through conveyance deed or sale deed of such immovable property. A wife cannot acquire her husband's property untill and unless her husband being the owner of the property having gud title conveys such title and all rights related to the property to his wife through sale deed. 

In other words Wife has no rights in husband's property if her husband not being dead is solely the true owner of such property. She can neither cliam any rights nor she can acquire that property legally till her husband is alive and till her husband being alive conveys that property to her. 

In your case as the property is in your name and you are paying the EMI of your residential flat your wife cannot legally acquire such property. However to avoid any future dispute I would suggest you to make your Will and get it registered. Through that your property will be conveyed only to those whom you wish to convey after your death. And if there is no Will, your property distribution would be governed under indian succession act (intestate succession- where there is no will) where your wife will atomatically get the hold of your property

For your reference you can go through this link below. In that u can go through Part 5- chapter 2 - rules in cases of intestates other than parsis. for knowing the law of property distribution when there is no will. and then you can refer to part 6 - chapter2 will and codicils. For knowing making of will and different types of wills


Any other comments or reviews are invited please. That will increase my knowledge on this topic.

HelpmePlzz (-)     30 July 2013

Thanks Khushboo Mam for your reply.

I think it would be best deal to get Will raised and get it registered. However, she keeps threating me for false allegations and can file a case on me. Is this possible that she would get a stay from court on the property and then stay there for ever, making my life hell. I have heard that legally a wife have rights to stay on his husbands property and if she file a case of any false alleagation such as DV, 498a then she would take a stay through court to stay in that property, throwing me out. Please let me know what can be done in that case?

Khushboo Solanki ( -)     30 July 2013

Yes Sir firstly, i would suggest you to work out on making your will. Get it registered and have the probate in safe custody.


Secondly , as far as any false allegationa made by your wife that can be investigated.  For that you can file a complain against her in police station and insist on for carryng out investigation about such allegations made by her. I agree as she is lawyer she can very well mould the case to her  advantage but u can also file a counter claim against her in the court about the falsity of such allegations through a gud experinced lawyer


I would suggest you to personally take some advice on this from an experinced lawyer. That would also help you in making your will and you can take advice from them on this issue as well. You can try finding some good lawyers by contacting at justdial (tel no.- 8888888888). Or you can find them through you any frnds or coulegues. And just to share for your information I am yet to become a Lawyer and am 2nd yr student of LLB. 


Hope you get your problm  solved at the earliest. Wish you gud luck

HelpmePlzz (-)     31 July 2013

Many thanks Khusboo for your inputs. I will check if I can get some further opinion on this. Hoping some more inputs through some more experts on this situation.                                                                                                                                                                           

2BHelpfull (Other)     01 August 2013

under Domestic Violance Act ,  wife can claim residence from her husband.



but under New  HMA which is yet to come in force,

A wife can demand share in property of her husband.


but as of now the Act is not passed.

Fighter   24 December 2015

I am also in same situation.

Flat is on my name.

I have filed divorce 1.5 yrs back.

Recently I came to know that my wife added her name on 8A Extract Khate Utara without my permission.

Is it legal? How she managed to add her name?


Fighter   30 December 2015

Can I file criminal complaint against wife for adding her name on 8A Extract (khate utara of flat) without husband consent?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register