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trapped (trapped)     27 July 2013

Wife's share in property

I got married in 2011 and expecting a divorce case / false 498a in coming months.  Therefore, I want to safeguard my property before the actual case starts:-


(1) My father inherited a House & Agricultural Land from my grandfather after his (grandfather's) death.  So in the event of divorce will my wife get any right / share on this property??  (My father is alive)


(2) From the above property, my father transfered 5 Acres of land on my name when I was below 18.  So what about wife's share in this???


(3) I have purchased a plot before marriage.  Will wife have right on this also???


Looking forward to guidance ...



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     27 July 2013

1) My father inherited a House & Agricultural Land from my grandfather after his (grandfather's) death.  So in the event of divorce will my wife get any right / share on this property??  (My father is alive)

 

-Your wife has no share in it.

 

(2) From the above property, my father transfered 5 Acres of land on my name when I was below 18.  So what about wife's share in this???

 

-Your wife has no share in it. However, if she is unable to maintain herself she can claim alimony.


(3) I have purchased a plot before marriage.  Will wife have right on this also???

 

-Your wife has no share in it as per the current laws.


1 Like

(Guest)

You need not worry!


Currently, the proposed amendment to marriage laws has not yet been passed.


Therefore, the present law as applicable today does not provide for half share of wife in husband's share in ancestral property.


So, even if you own the 5 acres of land or the plot, in the event of any litigation against you by your wife, you will be liable to pay her maintenance only.


1 Like

trapped (trapped)     27 July 2013

@Sandeep & Archana... Thanks a lot for your guidance.

 

In the light of proposed amendments to the marriage law (IRBM), I wish to take few precautionary measures and have following plan in mind:-


We (Me, father, 1 sister & 1 brother) will make a partision deed & distribute ancestral property among oursleves, where I shall have a nominal / negligent share.  So, if my wife files 498a / Divorce in future; there will be no property on my name.

 

I learned that the proposed amendments are applicable to the marriages older than 3 years & my marriage is 2.5 years old in which my wife is staying seperate (with her parents) from last 7 months, so I still have time to save property.  


How does it sounds??



(Guest)

Agree with the above experts !

------------------------------------------------------------------

 

@ querist,

 

In the light of proposed amendments to the marriage law (IRBM), I wish to take few precautionary measures and have following plan in mind:-


We (Me, father, 1 sister & 1 brother) will make a partision deed & distribute ancestral property among oursleves, where I shall have a nominal / negligent share.  So, if my wife files 498a / Divorce in future; there will be no property on my name.

 

I learned that the proposed amendments are applicable to the marriages older than 3 years & my marriage is 2.5 years old in which my wife is staying seperate (with her parents) from last 7 months, so I still have time to save property.  


How does it sounds??

_________________________________________________________

 

It sounds petty gud,but why to worry before any finalization.

Nothing like that has been come under law for time duration of marriage.

And as far as in Indian history no bill related to anything had passed without any alteration in the parliament.

This bill seems same as the false allegations of wife which has to be prooved prior to accuse harass husbands for any sentence.

 

Thanks & regards,

 

A sufferer......

 

 

1 Like

Advocate Abhijeet singh (ADVOCATE)     27 July 2013

if any wife have right in her husband property tell me it there is already some loan against husband what should do a wife in this case 

NGOKC (pm)     27 July 2013

well we will cross the bridge when it comes to that , but there are multiple ways , one of my friends and his family has transferred alll property to a family trust with a charter that property can only be used to service needs of current family members and wives shall have no right to those properties . None of family members can usurp property but can use it for medical needs and periodic maintainence

1 Like

trapped (trapped)     28 July 2013

@NGOKC..


Instead of forming a trust... what if I make a "Relinquishment Deed" and forgo my share from the ancestral property????


Waiting for reply.......

Ranee....... (NA)     28 July 2013

This Relinquishment Deed    may be fatal to you by your own siblings if they have cunning life partners.

1 Like

trapped (trapped)     28 July 2013

I trust my siblings.............. And I dont care even if they dont give me back my share.  

 

My only concern is can court revoke such Relinquishment Deed in the event of Divorce.  I want to do it before the new amendments to marriage law get passed; may be before 5th Aug.  

Mohan Raj (NA)     28 July 2013

Do not get bothered about the new bill.

The bill may be tabled in parliment in Aug 2013.  But there is NO chance to pass such  a law  in current format. The current format doe snot talk about considering contribution of partner to marriage, duration of marriage, partener is earning or not , partner is owning a property or not ...

If passed in current stage, it will lead to disaster in country. Supreme Court will strike it down in currrent format.
Many are waiting for bill to be passed to get SC involved.

SO do not worry on divorce bill yet to be passed . Do not try to move property to your brothers/sisters - it can create a problem later for you if they change thier mind.

BTB If your wife has left staying with you, file a RCR so that there is a proof that she is not staying with you.

1 Like

trapped (trapped)     28 July 2013

@Mohan Raj.... thanks for your valuable inputs..


Just one question>>>>      The proposed amendments intent to make Wife a legal right holder in ancestral property like Daughter or she will just have right on husband's cut from ancestral property????


Looking forward to your reply please

Amit (NA)     29 July 2013

If the ancestral property is already on your name, why don't you officially sell it your brothers?

If you have your own purchased property, gift it to your siblings or sell it off.

That way, your wife can't claim it. Better to take precautionary measures now and be ready than be sorry later.

Transfer all your property to your siblings or sell them off. If you want to invest in properties, buy at some location in a different city w/o informing anyone (even your family).


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