• How much share can a wife claim on husband's property after divorce

After my  marriage I bought  a flat ,which is in mine name only(No Joint ) ,can my wife claim from my property after divo? There is home loan which also  in mine name only , i have 2 yrs son as well

I came across a bill which is supposed to be  passed ,where a wife can claim 50 %,is that got passed ?
Asked 1 year ago in Family Law from bangalore, Karnataka
Religion: Hindu

The bill wherein wife was entitled to 50 per cent share in property never got passed

2) your wife has no share inyour property after divorce

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

After divorce, a wife cannot stake a claim in your property as a matter of right.

This property will continue to remain yours'. What wife can seek from you is maintenance for her sustenance and a decent standard of living, similar to that being enjoyed by you.

There's no such law which gives woman the right to claim 50% stake in husband's property.

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

Wife will have to file suit to claim her 10 per cent share in the property

2) you will have e to file eviction suit against your ex wife if she continues to stay in house after divorce and refuses to vacate it

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

Hello sir. the wife cannot claim ownership in the flat,,however, it is just that she cannot be evicted forcefully from the matrimonial premises..

Hemant Chaudhary
Advocate, Gurgaon
4190 Answers
27 Consultations

4.9 on 5.0

If any share certificate is in place then she can claim her share.

In other case what ever claim is made in the divorce case is entertained by the court on the basis of social and economic ground and considering the income and obligations of both the parties.

Vimlesh Prasad Mishra
Advocate, Lucknow
5021 Answers
12 Consultations

4.9 on 5.0

I came across a bill which is supposed to be passed ,where a wife can claim 50 %,is that got passed ?

that is just a bill and has not been passed, as of now by force of law the wife can not claim 50% share in the property of the husband.

Regards

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

After divorce she will not have any right to stay in your house. Even after the divorce if she stays, then the court can pass order for eviction.

You will have to pay back the amount that was paid by her.

Regards

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

If she contributed 10% of the funds towards this purchase of flat and if she has evidence to demonstrate the same, she can the refund of this amount from you.

Yes, you may get her evicted through court.

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

Dear friend,

No bill is passed to give 50% of husband's property to wife. But during settlement of alimony court may take into consideration the assessts possessed by the husband.The reason of giving or not giving, or how much to give depends solely on each person. It is a personal decision and nothing to do with law. Mostly husbands give to get a quick(er) path towards mutual consent divorce.After divorce, she is entitled to nothing. She may get permanent alimony while seeking divorce and maintenance of a fixed sum if she is not earning herself till she re-marries.

As per Section 125(l) (a) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Here ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

The wife for the purpose of the section may be of any age—minor or major and means a legally married woman. The legality of the marriage would be governed by the personal laws applicable to the parties. If the fact of legally

valid marriage is disputed, the applicant will have to prove marriage.

Under Section 125(l)(a) of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty.

The onus is on the wife to establish that she is the person concerned for the right to maintenance under Section 125 of the Code.

She can seek maintenance for her minor children from the ex-husband too, if he is the biological father.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4085 Answers
98 Consultations

5.0 on 5.0

She cannot hold any, right in the property which was taken on your name since you hold the title of the property she cannot claim share after your divorce

But she can ask for her monthly maintainence and child's maintainence as well .

However new bill has not been passed till date and is pending in rajya sabha but u should know that ur wife can claim her right in the same property

And your son can also claim his right , but it is only possible if court is satisfied to do so, however your part is strong since you have a mortgaged house/flat court tries stay away from such properties

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

1. As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce.

2. The bill has not yet been passed. So, relax.

Krishna Kishore Ganguly
Advocate, Kolkata
22069 Answers
572 Consultations

5.0 on 5.0

1. She shall have to file a suit praying for a declaration that she is the part owner of the flat since she has paid part amount while buying the flat by you though you had registered it in your name.

2. If she can establish with evidence irrefutably that she had part paid the consideration to the seller for your buying the flat, then you shall have ton defend her claim arguing that you had taken loan of the said amount from her which you will repay now with interest. If she insists for then you can also offer to pay her the amount of the pro-rata escalation of the amount paid by her in comparison to the price escalation of the entire flat.

Krishna Kishore Ganguly
Advocate, Kolkata
22069 Answers
572 Consultations

5.0 on 5.0

1. Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime. However, after divorce, a divorced wife does not get any right over her ex-husband's self acquired property even after the lifetime of of her ex-husband.

2. However your son shall have right over your self acquired property after your lifetime, if the property is intact then without your execution of WILL.

Shashidhar S. Sastry
Advocate, Bangalore
1981 Answers
133 Consultations

5.0 on 5.0

She can claim the amount as in Lumsum, and in case you are unable to give that then your property can be made a source to pay back that amount.

Sanjay Baniwal
Advocate, South Delhi
4316 Answers
8 Consultations

5.0 on 5.0

Respected sir...

Wife share in property would be 50% in all her husband’s residential properties, no matter what and in other properties, her share will be decided as per the court decision.”

Wife share in property owned by husband would be 50% sir no matter weather wife paid half money at time of purchase or 10% she will entitle to can claim 50% of the property owned by husband after marriage what ammount will she get is upto court ...

Thank you

Dinesh Sharawat
Advocate, New Delhi
758 Answers
4 Consultations

4.9 on 5.0

1. Under the present law in existence in India a wife has no share in the property of her husband irrespective of whether it was purchased after or before marriage by him.

2. The bill that you came across has been gathering dust in the Parliament for the past 4 years now. It is most unlikely to be passed in foreseeable future,

Ashish Davessar
Advocate, Jaipur
26020 Answers
756 Consultations

5.0 on 5.0

1. The only right of the wife is the right to seek maintenance from you.

2. It is immaterial how much she contributed. If the sale deed is executed in your favour then the title vests in you.

3. If she does not vacate the house after divorce then you may file a suit for eviction against her.

Ashish Davessar
Advocate, Jaipur
26020 Answers
756 Consultations

5.0 on 5.0

1. The Bill which you are referring is in cold storage and couldn't be passed due to lot of opposition.

2. If there is anything on record to show that your wife has indeed invested 10% for purchase of the property and if the same is proved beyond doubt, then she will be entitled for 10% share in the property.

3. If your wife does not vacate the house inspite of your obtaining a favourable divorce decree, then you can obtain a favourable court order for the same.

Shashidhar S. Sastry
Advocate, Bangalore
1981 Answers
133 Consultations

5.0 on 5.0

After my marriage I bought a flat ,which is in mine name only(No Joint ) ,can my wife claim from my property after divo? There is home loan which also in mine name only , i have 2 yrs son as well

No, she cannot claim any share in the property as a right either before or after divorce, at least not during your lifetime

I came across a bill which is supposed to be passed ,where a wife can claim 50 %,is that got passed ?

There is no such rule or law prevailing in the country.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Just one more doubt ,at the time of purchase of my flat , my wife contribution was around 10 % ,remaining 90 % was my contribution ,in that case also she cant claim any thing ,as property is registered to my name ? if she can claim then how much ?

If the sale deed of the property is registered on your name alone as a sole owner, then she has no rights to claim any share in the property.

Also after the divo ,if she doesn't leave the house ,can court give legal notice to her for evicting the house ?

Yes, you can file an eviction to evict her from the property.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

As per S.19 of the DV Act, 19. Residence orders.—(1) While disposing of an application under sub-section (1) of section12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order—

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

This provision would aptly apply to your case, she may insist for residence order which would deprive you of alienating the asset forever.

Rajaganapathy Ganesan
Advocate, Chennai
1408 Answers
8 Consultations

4.9 on 5.0

No such law still into to effect in India. But wife can claim residence rights under provisions of Protection of woman from domestic voilence Act 2005.

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

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