• Divorce England

In the event of a divorce in UK, does the wife have a claim against property in Punjab, India which the husband got through his father and has now passed down to his children
Asked 7 years ago in Family Law
Religion: Sikh

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25 Answers

No. Your wife would not have any share in any self acquired or ancestral property in your name.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Hello,

If the divorce is valid and has been taken as per the Hindu Marriage act then she can not stake claim in the property of the husband.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is pertaining to Indian Law.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Wife has no share in property inherited by husband in event of divorce as per Indian law

Ajay Sethi
Advocate, Mumbai
99934 Answers
8158 Consultations

As per Indian law wife cannot claim share in husband property in event of divorce

Ajay Sethi
Advocate, Mumbai
99934 Answers
8158 Consultations

1. Under the present law in existence in India a wife has no share in the self acquired or separate (inherited) property of her husband irrespective of when it was purchased/inherited by him. So she cannot make a claim to it under Indian law.

2. However, in UK the division of assets will take place at the time of dissolution of marriage, so if the court in UK passes a decree whereby and whereunder it orders the division of the assets of husband in India then wife can execute that decree in India by filing an execution petition. Husband will though have the remedy of filing a separate suit for declaration to declare the UK decree as null and void in India in so far as it orders the division of his assets in India

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

Hindu marriage act dies not contain any provisions giving wife share in husband property in event of divorce

She is only entitled to alimony from husband

Ajay Sethi
Advocate, Mumbai
99934 Answers
8158 Consultations

Wife is not entitled in the Father -in -laws property.

and Divorced taken in foreign countries are only Mutual Consent Divorce are valid not judicial.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

State what?

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

Dear client,

Wife have no vested right in husband property except right to residence in shared household till not divorced. No claim.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Sir in India the wife has only right to maintenance and there is no right over the property of whatsoever nature ancestral or the self acquired.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In india the hindu marriage act, provides provision for interim and permanent alimony but no right over the property in event of divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further the mutual divorce in UK is only valid in India if married under Indian law only proper jurisdiction for divorce is in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. In India the wife does not have any right of share in the property of husband. It does not make difference even if the decree is passed by foreign court.

2/ However in India the wife has right of maintenance as long as she does not remarry .

3. She has though right of residence in the property of husband or right os alternative accommodation.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. Was the marriage solemnised/registered at UK or in India?

2. If it was solemnised in India, then the decree of divorce passed by the foreign court is not enforceable in India.

3. So,in the above case, the couple will continue to stay as husband and wife in India and after the demise of the husband, intestate, his wife (though divorced in UK as per order of UK Court) will equally inherit all his properties along with all his legal heirs which shall include his mother (if she is alive till then) and children.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1. The decree passed by the foreign court is not enforceable in India.

2. Wife will have no claim on her husband's property during his life time and he can convey the title f his properties to anybody he feels like or which his wife can not lay any claim.

3. Wife can claim maintenance from her husband if she is unemployed and/or can not maintain herself.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1. The section 13 of CPC states that foreign judgement is not conclusive.

2. However, here the fact is that since the foreign decree of divorce is not enforceable/acceptable in India, his wife still stays as his wife as per law deserving all the facilities a wife is permitted as per indian law.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

hello

considering that you got married in India under the HMA, 1955, the laws of the Hindu marriage and succession are applicable to you. the property belonged to your father. he gave it to you. the property is lawfully yours. afterwards, if you have transferred/will transfer the property to your sons/daughters, you can do so. the wife cannot have a share in your father's property, although she can claim maintenance and alimony in case of divorce.

you married as per HMA, therefore the divorce can only be granted by the Indian courts. if you have taken divorce in the UK and submitted to its jurisdiction, which you can do, and your wife too has no problem, and you have obtained a decree, the laws of UK will be applicable to you.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The same has been answered considering the Indian law

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hindu marriage act does not answers this question, but the law has been developed by SC through various judgement and observations.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She can't claim this property as a matter of right, this being your acquired property and you having full right to dispose it off in any manner as per your wish during your life time

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The above is in accordance with Indian laws only.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

It depends on the decree passed by the UK court.

The law says that the property bought or acquired after marriage out of the joint income can be distributed.

However this law is not applicable in India, whereas the divorce case is filed in UK hence it depends on what orders have been passed by the UK court in this regard.

Since it is just inherited property and not self acquired proeprty, this may not be taken into account for equal distribution of properties between them.

.

T Kalaiselvan
Advocate, Vellore
90135 Answers
2504 Consultations

Please answer applying Indian Law.

As per Indian law she is not entitled to any share in the properties that belongs to you whether self acquired or inherited, at least not during your lifetime.

T Kalaiselvan
Advocate, Vellore
90135 Answers
2504 Consultations

Where in the Hindu Marriage Act does it state that?

You may go through the Hindu succession act, 1956 for further details.

T Kalaiselvan
Advocate, Vellore
90135 Answers
2504 Consultations

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