Consider both husband and wife is Hindu. Have any new law been recently passed or proposed to be passed in India that gives wife share of husband's property (Self-acquired or ancestral) after divorce? How much share can she claim of husband's property Both Self acquired or ancestral? If a property is on Joint name (husband and wife) will the wife get 75% and husband 25% after divorce according to present Indian law 2018? Can she claim share of property in the name of husband’s parents? Can she claim share of property in the name of husband’s parents in case husband has transferred his property on his parents name after marriage while divorce case is running? If husband is earning 65000 Rs per month and wife has a job with lesser salary. What is the minimum salary her Job must have so the She Can’t get no maintenance or little amount of maintenance? What percentage must be the salary of wife to the husband’s salary so that she can claim no maintenance or little amount of maintenance?
Dear Client,
No law at present, wife don`t have any right on husband property in his life time except right to residence in shared household.
If total contribution is made by husband in purchasing property in joint ownership than by declaration of court, husband can be sole owner otherwise 50% share of both.
No right in in laws property.
No right, Husband can transfer ownership in parents or any.
She must at least earning 30 40 thousand.
No such percentage.
Any property movable or immovable if it is in the name of your husband yes a wife can claim a share during the time of divorce but if it is an ancestral property and still in the names of his parents and then the wife cannot claim any share during the time of divorce
Its a very technical point and you query is not clear as you are confused. You can get everything as well as you may not depends on facts
wife has no share in husband property after divorce
2) if property is in joint names both have equal share in property
3)wife has no share in property standing in name of her in laws
4)wife cannot claim property transferred by husband during pend ency of divorce proceedings
5) wife is entitled to maintenance if there is substantial differences in income of husband and wife
Answerd by Adv kavery Anand Bangalore.. sir
1) wife can't claim husband's property in Divorce. Only wife can ask maintenance or alimony.
2) No 75% and 25% strategy...in case of joint ownership...
3) She can't claim husband's parents property...
In case if husband hsa transferred his property to his parents name.. but in future his siblings can ask share in that property.. so doing on parents name is not advisable... But it's up to u.
4) in maintenance .. she can get 25% of husband's salary...
5) if wife is well educated... And working lady.. then she won't get any maintenance or alimony from husband...
6) if children are there then father have to give maintenance for children..
Pl give RATING and feedback for appreciation.
No there was a bill but still not enacted so at present the wife has no share in the property of the husband,
Wife has no share neither in ancestral nor in self acquired property of the husband she can claim only maintenance from the husband.
No there is no such law if the husband and wife are joint owners and no individual share is mentioned then in that case both are owner of the 50 percent equal share,
No share in husband s parents property,
No share even if it is transferred in parents name.
There is no scale to how much salary she require so that maintenance is not given maintenance is decided on many factors like income of both, income difference liability. SO roughly if she earns around 35000 to 40000 it may be avoided. Further there are judgements where qualified and earning wife not entitled to maintenance,
In recent judgement SC held that if wife is not earning then in that case the 25 percent salary can be just and fair though court has to decide each case individually.
Regarding query about right on husband property a wife will not have any right over husband self acquired property or his ancestral property. If a child is born and the ancestral property remains in that state then wife can file petition for partition through child as next friend of child.
With respect to maintenance if a wife is earning she may not be entitled to huge maintenance though there are conflicting decision by various high court usually court will award 1/5th of salary as interim maintenance to wife. If she is earning and has no child court may not grant her final maintenance. There is no percentage only 1/5th of your salary.
If property is in joint name of husband and wife both will have equal share in property unless otherwise agreed by parties to give more share to other.
No, she can claim maintenance or alimony as the case may be decided by the court and husband is liable to pay the amount so ordered and should be paid as per the order and in case of failure to pay on execution property may be attached.
If wife has child can she (or the child after grown up) claim husband’s property or she can Just claim only child support money?
wife can seek maintenance for child
2) your child has no share in your self acquired property during your lifetime
Only child support , even child has no right on father`s property in his life time.
Yes sir children will have rights to claim grandparents property..and as well as father's property also ...
But wife can claim only maintenance or alimony.. that too if she is not qualified... And non working women.
But for children support for example ... Children education and other expenses.. she can claim.
your son can claim in biological father's or grandmother's property as their legal heir even after your divorce from your husband. After divorce only the relation between man and woman comes to an end, but the relation of father / mother and son / daughter remains unchanged.
Please keep in mind that the child have to be maintained and all the educational expenses will be born by the father and will have all the rights as hair on ancestral property.
She can claim maintenance of the minor child, child has no right in self acquired property however if there is ancestral property undivided from 4 generations child can claim right as coparcener
The legal position is that the wife is not entitled to a share in property—whether self-acquired or ancestral. Whatever is jointly held by you is different and you are entitled to that share.
She can however get a so-called residence order under the Domestic Violence Act so as to force her husband and in-laws to readmit her into the matrimonial home (presuming she has been so evicted). But that does not create any ownership right vis-a-vis that property.
As far maintenance under Section 125 of CrPC is concerned, it can be granted so long as certain conditions are fulfilled, to wit:
1. The husband, despite the necessary financial means, neglects or refuses to maintain his wife and children.
2. The wife and the children cannot otherwise maintain themselves.
No, having a child also does not entitle a wife to a share in her husband’s property. She can claim maintenance under Section 125 of CrPC for both her child and herself. Alternatively, in case of divorce, she can claim permanent alimony which can be secured to her by a charge on her husband’s property.
Yes. She can demand share in husband's self acquired property only as an alimony. The share is decided by court.
If property is jointly owned then both will get 50% share.
In-law's property cannot be claimed.
There isnt any such threshold limit for claiming maintenance. You can claim. Court will decide if it should be granted or not after considering wife's salary, her expenses and her husband's expenses and responsibilities.
Child can claim father's property along with maintenance.
If the property is ancestral and not partitioned the child can claim right on ancestral property but if it is self acquired child cannot claim any right. In case maintenance is awarded to child and it is not realised then the wife may approach court for realisation of maintenance amount from property of the husband.
1. As per Indian Law, wife shall have no lawful claim on her husband's properties, be it self acquired or inherited, during the lifetime of her husband.
2. So, it is irrelevant whether husbands conveys his title of any property in favour of anybody during the period of the divorce proceeding.
3. If the husband and wife has purchased any property in joint names, then the title of the said property shall be equally be shared by both of them in the ratio of 50:50 and not 75:25.
4. Ordinarily Court awards 1/3rd to 1/4th of the husband's net monthly earning towards maintenance to his wife. So, in case the earning of his wife is more than 1/3rd of his her monthly earning, then he won't have to pay any maintenance to his employed wife.
1. Neither the wife nor the son can claim his property during his lifetime.
2. The son (and also the wife if she is not divorced till then) shall inherit his properties along with the mother of that person (if she is alive till then) after his demise.
3. The son can claim maintenance from his father till he turns 21 years.
Consider both husband and wife is Hindu.
Have any new law been recently passed or proposed to be passed in India that gives wife share of husband's property (Self-acquired or ancestral) after divorce?
There is no such law in India, you hav been misinformed about it.
How much share can she claim of husband's property Both Self acquired or ancestral?
She cannot claim any share in husband's self acquired or ancestral property as a right not at least during his lifetime.
If a property is on Joint name (husband and wife) will the wife get 75% and husband 25% after divorce according to present Indian law 2018?
In jointly owned property she can claim 50% share.
Can she claim share of property in the name of husband’s parents?
No
Can she claim share of property in the name of husband’s parents in case husband has transferred his property on his parents name after marriage while divorce case is running?
No.
If husband is earning 65000 Rs per month and wife has a job with lesser salary. What is the minimum salary her Job must have so the She Can’t get no maintenance or little amount of maintenance?
If she is earning salary income then she will not be eligible for maintenance
What percentage must be the salary of wife to the husband’s salary so that she can claim no maintenance or little amount of maintenance?
She will not be eligible for maintenance
If wife has child can she (or the child after grown up) claim husband’s property or she can Just claim only child support money?
Nobody can claim a share in the property as a right not at least during his lifetime.
Hi,
That controversial law has been in debate and the share of wife can be decided on the facts and circumstances of the case, the earning capacities of parties. The law as well as court judgments are controversial in nature, but it may be said that in case wife is non-earning; the total 22% of share can go to wife. The child can take monetary support up to 18 years of age.
1. There is no specific law, a lot depends on the facts of the case, as to how much time the marriage sustained etc.
2. As told there is no mathematical formula to calculate the same. It depends on the facts every case.
3. She can go for little amount of maintenance in order to claim a life style equivalent to that of the husband.
4. Sir a lot depends on the facts of the case and nothing can be told to your mathematically
She can claim support money for the child, though if father the husband/ father passes away intestate then the share in the property can be claimed