• Husband denying stake on his money after 30 years of marriage

After 30 years of selfless service to him and the kids, my husband is denying any stake on his property or house or money that he earned while I helped raise the family.
I want to know what are my legal rights being a housewife.
Asked 9 months ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu

Legally speaking, wife does not have any right in the self acquired or ancestral property of the husband during his lifetime. If your husband dies intestate, you will Be A class 1 legal heir of your husband.

 

You can only claim monthly maintenance amount from your husband if you are unable to maintain yourself from your own income. Also, residence rights can be claimed from the husband. 

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

You have right to stay in your matrimonial home 

 

2) you ha r right to maintenance from your husband 

 

3) however you have no rights on his property during his lifetime 

 

4) on husband death intestate ie without a will you and kids would have equal share in his property 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

Please read it carefully:

 

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, [deleted] ).

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or 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 or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such

 

Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Aveek Bose
Advocate, Kolkata
951 Answers
4 Consultations

4.7 on 5.0

A wife has right of maintenance from husband has n9 right on property or money. If husband fails to give you any maintenance amount you can file crpc 125 application before magistrate.

Shubham Jhajharia
Advocate, Ahmedabad
19366 Answers
76 Consultations

5.0 on 5.0

As a wife you have a right to be maintained by your husband and in case of death without will you will have equal right share in the property.

Eventually other than this you cannot claim anything on the  property and his bank deposits.

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

Hello,

No one, including the wife has any right on the self acquired property of the husband till his life time. 

A bill with regards to the right of the wifein husband property is still pending.

regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1) Legally you don't have any rights till he is alive. Which is his selfowned or ancestral property.

 

2) You can ask for alimony or monthly maintenance from him.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

If it's his self acquired Property he has right to disturb own any one but as a wife you have right to maintenance from his income. He can't deny it. And after his death you will get share in his property

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

Hello,

If he is trying to neglect you or oust you from the house , you have to file a case for maintenance from your husband under section 125 crpc.

Regards

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

The service towards the family cannot be demanded with cash or kind.

You cannot demand share in the proeprty just because you served him for 30 years.

As a housewife you are entitled to residence, food, cloth maintenance amount to meet your expenses , medical facilities.

Besides, you will be entitled to an equal share in his property if he is reported to die intestate but only after his lifetime and not before that.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Dear client, 

To your horror, wife have no claim in husband assets in his lifetime except right to reside in share household and maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

hello

       you have a right to maintenance and it means that your husband is obligated to maintain you as you have lived with him. also, permanent alimony would be granted to you in case you separate which is a lump sum amount. you also have a right in his self acquired property after his death.

regards

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

You have a right of staying in matrimonial home and take maintainance if you are unable to maintain yourself 

You have directly no right over your husband's self acquired property or ancestral property

On demise of your husband you and your kids have equal right on your husband's property in absence of any will by your husband

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

As Wife, you cant claim your husband property like fees for your selfless service as per Law.  it is relationship not commercial one. As you have done last 30 years, better move on with system and show more love and passion, which will turn your husband mind. 

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

Dear Madam,

You can file Domestic Violence case with following prayers.  Further you can file maintenance case and seek interim relief of creating charge over such properties towards your future maintenance.

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. 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/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. 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.
  5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. 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 Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer