Can a wife claim the property registered in her name while filling for separation(on the grounds of Intimidation and mental & Sexual harassment) irrespective of whether she has contributed financially to acquire it or not. Also when she has ITR filed in her name as a business partner(dormant) by the husband who in reality is the working and earning and the wife is a stay at home woman. And children are grown up (22 & 16) and are in support of the mother.
Yes she can claim for husband if he has paid amount for purchase he has to.file a declaration suit in case he succeed then only he has right otherwise wife is absolute owner of property.
So the husband has to file.a declaration suit and bring proof of payment and income on record to show he has paid the consideration for the purchase.
Hello,
Yes the wife can file a suit for taking the possession of the property since it seems that you had a long matrimonial tie.
in case she files the same you file a suit to get the title declared in your favor since the wife was not having any source of income and you were the actual person who paid for the property.
Regards
Is filing for divorce separate from filing for partition while seeking separation from husband who isn't ready for mutual consent divorce. How can both be clubbed as the wife is not affordable to pay for both divorce n partition on the grounds of Domestic violence, Intimidation n cruelty.
Yes divorce and partition are separate partition is in case.of property and divorce is only limited to relation.of husband wife.
Wife can claim maintenance and legal charges.from the husband they both cannot be clubbed.
Yes these are two different proceedings.
Usually both can not be clubbed since one will take place in civil court and one will take place in family court. Having said that, the local law may vary.
Kindly take final advise from a local lawyer.
Regards
If the property has been purchased by the entire amount of husband but he has gifted it to the wife by registering the property in her name, he cannot reclaim it as once gift is given, it is irrevocable.
Hello
If the property is in your joint names you have an equal share in the property irrespective of the fact whether you have contributed anything or not.partition of property is a totally different issue and it does not matter whether you are divorced or not. You can partition the property and still live with your husband or away from him.
Regards
wife will claim she is absolute owner of property
2) you have to file declaratory suit that you are absolute owner of property as full consideration was paid by you
3) mention wife is house wife with no source of income
4) seek injunction restraining her from selling the property
You can file for divorce on grounds of mental cruelty
2) you cnnaot club both suits together as divorce has to be filed in family court and declaratory suit in civil court
3) you have to prove allegations made in divorce petition then only would be granted divorce
1. The person whose name is appearing in the title deed of a property would be considered as its lawful owner.
2. If mutual divorce is not possible then filing of contested divorce suit is only option.
3. Since she is lawful owner of the house, she will have to make a gift deed in your name to make your owner of this property .
4. DV case and mutual divorce suit can not be clubbed together.
if wife claims that she is the co-owner of the property then she will have to file a declaratory suit
the wife will fail in such a suit as she did not contribute any money for acquiring the property
she will have to show cogent materials to the court to prove that she had contributed for the house purchase and thus is entitled to 50% share
1.Yes, she can claim.
2. Partition or claiming divorce are separate things later comes first.
Dear Sir,
It is very hard for the wife to get such property though it is registered in her name unless she files a suit for declaration to the effect that she earned such property by her efforts. Partition suit filed by wife is not maintainable as she is entitle for only alimony and not a share over the properties of husband.
Q: Thank you. But Mr. Kalaskar sir you had told me through an other online services website that since I hold 50% share of the property (of which one is joint which accounts for the major share) and also since I'm the dormant partner of the company through which my husband runs his civil consultancy services I will get my share of 50% property if I file a declaration suit. But since there is one joint ownership property I wish to file a partition suit. Please clarify.
Dear Madam,
You are correct, though you may not get a share in the capacity of wife but you can claim your 50% share in the business irrespective your status (dormant partner). Further you can claim half of the joint property. Both can be done by way of filing a suit for partition for which only court fee of Rs.200/- is to be paid. The burden for you to pay is advocate fee.
If the property is on her name then she will be the absolute owner whether she contributed for the purchase or not.
Similarly in the company as well she can claim hr share if she is a partner or shareholder
Partition and divorce are two different subjects, both do not have any relevance to each other.
She can take the help of free legal aid services for contesting two different cases
Yes she can If she is owner of the same and registered in her name
