• Property liability

Hello Sir/Madam,

Greetings to you. I have a query regarding property. If i want to initiate divorce proceedings against my Husband who has one self acquired property which is a joint property between him and my father-in-law would i be able get a share post divorce if i contest the divorce. 

Regards,
Nilu
Asked 2 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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17 Answers

you have no share in property standing in joint names of husband and FIL

2) you only have right to stay in your matrimonial home

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

Dear Client,

Wife has no claim in husband property, except right to residence and interim court stay on alienation of property in any manner till divorce not granted.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. Wife has no share in the property of husband . So it does not make any difference whether the property is joint or self acquired.

2. However the wife has right of residence and to ensure her residence in the matrimonial she can file case for alternative accommodation by way of a proceeding under PWDV Act.

3. In the divorce suit you can not seek such relief.

Devajyoti Barman
Advocate, Kolkata
21795 Answers
318 Consultations

5.0 on 5.0

Initiating divorce proceeding against your husband will be the biggest blunder, instead stay in possession of it and do not think of moving out of it under any circumstances, instead ask him to leave, there are judgements to secure your interests, file maintenance and domestic violence cases and obtain maintenance and 498a but no filing divorce, stay in the property and throw him out.

Aveek Bose
Advocate, Kolkata
1221 Answers
9 Consultations

4.7 on 5.0

in case husband files for divorce you can seek interim maintenance pending hearing and final disposal of divorce petition

2) you would be entitled to alimony from husband

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

This will be decided by the court after taking every material thing into cognizance.

Neeraj Kumar
Advocate, Delhi
5 Answers

Not rated

Dear Madam,

You can file DV case and also divorce case you can seek following benefits

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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

========================================================================================

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Kishan Dutt Kalaskar
Advocate, Bangalore
5650 Answers
235 Consultations

4.8 on 5.0

1. Since it is the self acquired property of your husband and your father-in-law, even if you contest the divorce also there is no likelihood of your getting any share in their self acquired joint property post divorce.

2. If your husband initiates divorce proceedings, then he should have solid ground against you to succeed. Since the initiation is from his side he may likely to give higher maintenance. Maintenance/Alimony depends on the spouse's earning power, expenses, etc.

Shashidhar S. Sastry
Advocate, Bangalore
3252 Answers
180 Consultations

5.0 on 5.0

Please note you won't be able to claim share in property. You can get maintenance amount based in his salary and if you need higher maintenance you can show that he's deriving income from his property and as such you are entitled for higher maintenance. No matter who initiates divorce proceedings share on property cannot be claimed by wife. If he fails to provide you maintenance after order by court then you can get his share of property attached through process of court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You do not have any share in your husband's property during his lifetime as wife does not get an automatic right to her husband’s property upon marriage.

Same is the case with the property owned by your father in law.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

If my Husband initiates divorce proceedings what is the difference then in property liability also would i be liable for higher maintenance as per terms of Alimony.

A. It's immaterial as to who initiaites divorce proceedings and your maintenance and alimony would be the same regardless.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

1. You have no share in the property owned absolutely or jointly by your husband. You can only claim alimony, not a share in his property.

2. If your husband initiates divorce then too none can claim a share in other's property.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

Firstly, alimony can’t be decided on the basis as who has filed the divorce petition.

Secondly, it is something which can be decided on the basis of the living standard of the wife, and also the income of the husband.

Thirdly, there some grounds if divorce has been asked on then then you may not get alimony.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. You cannot claim for share in your husband's property after divorce;

2. You can claim maintenance depending on his earnings;

3. You can try to get a share in the property only if your name is mentioned in property related documents;

4. You can ask for the court to evaluate your husband's ITR and claim maximum amount of maintenance.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You are entitled for residential rights however you cannot claim any share in his property at least not during his lifetime

You can fight for your rights.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

If my Husband initiates divorce proceedings what is the difference then in property liability also would i be liable for higher maintenance as per terms of Alimony.

You cannot claim any share out of his property, at least not during his lifetime.

For maintenance you may have to prove his income by producing the income details with documentary proofs.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

You don't get a share in Property. You will get residence rights if the same is your matrimonial house.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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