• Regarding property share

My Aunt husband on illicit Relationship and Her Husband Mentally tortured her for sign Divorce paper, My aunt not want Divorce, My Aunt want Share name Property as legal Heir for future security and her husband not sell property without her consent. What is the legal way to join her name with Husband property?
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

1) wife should contest divorce proceedings

2) file petition under section 9 of HMA for restitution of conjugal rights

3) wife can file DV case against husband and seek injunction restraining husband from selling the house

4) seek right to stay in matrimonial home

5) seek maintenance from husband

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Well, wife has no share in the property of husband.

2. However wife has right of residence in the property.

3. Moreover if your aunt doesn't have independent source of income she can claim for monthly maintenance by filing a case under PWDV Act.

4. In the said proceeding she can seek injunction so her husband may not sell the property owned by him.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You must co test divorce proceedings

2) if you don’t contest husband would get an exparte divorce decree

3) contested divorce cases take 5 years to be disposed of

4) simultaneously file petition for RCR andDV case

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Divorce suit is not at all necessary to seek relief under PWDV act case as i advised above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There's no way to do this.

Husband may during his lifetime do whatever that he wishes to do with his acquired property. Wife has no automatic right on the husband's acquired property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Only in case the husband dies intestate, the wife can stake her share in husband's property.

By mere signing some document, the husband can't divorce his wife.

Divorce doesn't happens without going to the court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Wife has no share of her husband's property during the lifetime of her husband for which your Aunt can not claim share of her husband's property.

2. However, she can claim maintenance for which she can apply before the Court for restraining her husband to sell off that property without ensuring one time payment of alimony or pay monthly maintenance from the interest of the its sale proceeds or from the income generated from his properties.

3. Your Aunt can file lodge a police complaint u/s498A of IPC and also file DV case against her husband to keep him under pressure for settling the issue amicably.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. It is required to contest the divorce proceeding fittingly, if filed by her husband as otherwise he will be able to get ex-parte decree of divorce from the Court based on the allegation leveled by him against your aunt.

2.No ex-parte decree of divorce should be allowed to be passed under any circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) Tell your aunty not to sign divorce paper.

2) If the divorce is filed by your uncle in court than also ask your aunty to stick to one word she does not want any divorce.

3) If ask her not to leave her matrimonial house as of now. She is not entitled any property share till your uncle is alive after your uncle she is entitled for his property share.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Firstly, there is no way for wife to get the husband stop from selling the property as she doesn’t have any right till the time he dies intestate or make a will in her name.

But, yes in mutual consent also she can ask for lumsum heavy amount of maintenance as per her needs and standard of living.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Better contest divorce proceedings in that case file application for maintenance and permanent alimony. If your uncle fails to pay maintenance get the maintenance out of property by filing separate suit in that way your aunty can save the property. Please let us know whether it's your uncle self acquired property or ancestral property. And do they have kid

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The property that belongs to the husband is a self acquired property or ancestral in nature

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If it is ancestral then a partition suit can be filed.

If it is self acquired then a suit for permanent injunction will have to be filed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Her name cannot be joined with the name of her husband in property records. However, wife is having a claim for maintenance or alimony. The wife may file a suit for permanent injunction and get interim injunction restraining the husband from alienating/transferring his properties to any third party. For more details contact me on phone.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If it is a self acquired or inherited property, then it is his own and absolute property, in which during his lifetime he is the authority and nobody can question his authority.

She can file a maintenance case and for that she can file an injunction suit seeking to restrain him from alienating the property for the purpose of security towards maintenance amount.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If you are not contesting the divorce case then the cae will be decided against you and exparte divorce will be granted to the petitioner.

Avoid the risk of losing everything.

Contest the divorce case strongly to not to lose your marital rights.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

please contact in person [deleted]

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

If she is his wife automatically she will be part of his property. You cannot put the name of wife I'm husband's self acquired property with his consent. If he is not providing her maintenance then she can approach family court for maintenance as well as she can file application u/s 125 crpc also. She can also file Complaint and maintenance proceedings under provisions of protection of woman from domestic voilence Act.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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