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DEEPAK MISHRA (assistant Professor)     13 December 2013

Wife's right in husband's property?

A pair get divorced on date X, If wife claims her share in husband's property, which one is true-

  1. This claim will be applicable only on that portion of husband's property that was with husband on or before date X.                                      

                                                                                         OR

  1. This claim will be applicable on total of husband's property ,including that husband adds after date X.

Divorce date is very important factor while deciding wife's property share, as i think, what you guys say?



Learning

 9 Replies

AAK (Advocate)     13 December 2013

which law you are talking about American??

how wife can claim over husbands self acquired property?? at the most she can claim maintenance .... 

1 Like

Laxmi Kant Joshi (Advocate )     13 December 2013

Deepak till date there is no such law in which wife claim her share in husbands property .
1 Like

DEEPAK MISHRA (assistant Professor)     13 December 2013

i heard in news paper/news, recently supreme court has made this rule.

"even after divorce wife has right in husband's property."

AAK (Advocate)     13 December 2013

Its about maintenance to wife....


(Guest)

The answer to the question depends on whether the husband and wife both have equity over it. Also, who has paid for the house and under whose name is it registered, are important factors to consider while deciding that who would get the house after divorce. Under current laws, a woman seeking divorce is not entitled to any share in the husband's property. The ownership rests with the person who is holding the title.

If the property is bought by the husband while the two were together and he holds the title, the wife can make a claim if she can prove her equity in the property. If the property has been registered in the name of the wife, the wife can continue to retain ownership. However, if the other person can prove in the court that he has funded the purchase, even though the title is held by the spouse, he can claim the property. An inherited property remains with the person to whom it has been transferred. The ownership of properties comes into the picture only when there is no agreement between the husband and the wife on who will get what. Therefore, under present laws the scenario of a woman claiming share in husband’s property is yet to come into picture, the divorce date being irrelevant.

You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com

1 Like

gspal (home-based transcriptionist)     16 December 2013

The Marriage Laws (Amendment) Bill seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends. This has been posted at The Hindu dated Aug 26, 2013:

RS approves bill to make divorce friendly for women

rising up again (FFF)     17 December 2013

dear adv pooja.. and other experts..

am adding another query to this question.....

What happens if the wife has unofficially paid a small amount in cash for the house purchased and also her name/ earning accounts were used to apply for a bank loan ? the loan is still on, EMI's paid by the husband but the loan is in the name of both. the property is a freehold property registered in my name. she hasnt paid a single EMI ever.

She however may not be able to prove the cash help but wud the loan in combined names will be a problem...???

plz advice...  

and now to safeguard that property, can i gift it to my mother OR sell it ???

Also, i have other properties too,can she during the course of a divorce in courts......

1. take a stay order on any of my properties to not allow me to sell it. ? All other properties are fully bought by me and in my name.

2. can she demand any rights on the above said property which has a joint bank loan ?

3. can i sell of my properties / gift during the divorce in courts ? wud it not show my malified intentions ? whats the best possible way to safe guard my properties ?

4. wud having multiple property ownership increase her maintainence as she can prove that i am earning very gud and she needs a higher amount from me ?

 

gspal (home-based transcriptionist)     17 December 2013

In current times with all laws favouring the female gender, marriage is a mistake. Now that you are stuck with it try to live it together instead of cracking your head with a multitude of querries as to how to deprive your wife with as much as possible. Sit down together and talk or meet a marriage counsellor. If yet things do not work then sit down together and work out as how to share the assets so that she too can live financially secure on divorce/separation. If you have kids and either of you treat the other bad then you are bound to lose the respects of your kids. Would you throw your pet dog out of the house just because it has gone lame or gone blind with age or has some other medical problem?

rising up again (FFF)     18 December 2013

gspal

ur reply is funny. u think all problems in the world can be sorted by talks.. no one in this forum or elsewhere wud waste a single day, if thr wud have been a possibiity of sorting things out that easy. all try all means to sort this and when problems become out of control, people HAVE TO go to the court for solutions...

and i guess....u do not have kids... thats why u comparing a dog with a kid. Maybe u do it with ur kid, but there wud be many many in this forum who wud not like to do that...

and uw ud have heard of that saying " jyada gyaani na bano, yahan sabhi gyaani hain". hence, people are here to seek help, if u can... do that.... else,.....!@#$#!

 

 


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