Wife cannot claim full property
2) her case would be that property was bought out of sale proceeds of jointly owned property and hence she has 50 per cent share in property
Property
My so bought a property in London and his wife never paid any mount for it ( accepted in Court) but he had put her name on it. He Sold the property and bought a property in India using that money. Wife invested 10% for this property. Now she claims the full property
Asked 8 years ago in Family Law
Religion: Hindu
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10 Answers
mY SON IS EARNING gbp4500 (AFTER TAX DEDUCTIONS / INSURANCE) IN . HE OWNS A PROPERTY IN BANGALORE 95 L PAID OUT OF HIS BANK FUNDS. WHAT WILL BE THE ALIMONY NORMALLY
Asked 8 years ago
Alimony is at discretion of court depends upon husband income , wife income, standard of lifestyle
She is entitled to a share only commensurate to her her contribution, i.e., 10%.
This depends on the fact whether he intends to give a permanent alimony or otherwise. Alimony will be decided by the court after taking into consideration the income, assets and social status of your son .
Hi, her claim shall be decided by court on merits .. As per alimony is concerned there are no parameters of fixing it , it totally depends upon the court discretion ..
His wife has no right to claim full ownership on the property only on the basis of fact that her name was also included in the documents of property. If she has invested 10% in the property then she will be entitled for only 10% share in the property. Law does not recognise that husband and wife as a single legal entity therefore if husband purchases a property and also included name of his wife then wife cannot claim ownership in the property unless and until she has prove that at the time of purchase of the property she purchased it out of her own income
Wife has no share in the proeprty of husband as per law of the land.
Sp let her claim. If her name is not there in the sale deed she has no share in the proeprty.
The alimony would be 1/3-1/4 of income of husband.
Alimony will depend on lot other factors than just the amount of the flat.
However from the value of the flat I may just tell that it will be around 50 lakhs.
Regards
You have not told that whether she is a joint owner of the property purchased in India or whether the property was bought on her name or whether the property is in the name of your son alone.
If so he need not pay heed to her demand. Let she approach court claiming her share or entire property, you can challenge it properly.
If a divorce case is filed in India then she has to file a separate petition for alimony.
She has to prove his income to the extent of her claim
She either has to be an unemployed or should not have any source of income for her sustenance.
There is no yardstick to measure the quantum of maintenance, however he can challenge the same on merits.