• Civil case along with divorce in family court

Husband and wife both are joint owner of property . Divorce case is under process in family court and husband is not willing to share any money though partition or sale of property. His claim is he is the sole bread earner of family and wife is house wife never earned any money, and have not contributed any money for buying the property. As per husband, wife should not get any share in joint property and he filed a civil suit asking to remove wife's name from conveyance deed. and an application under order 39 rule 1 and 2 of CPC read with section 151 CPC.
What are the chances of justice for wife in getting her share in property even through she had not contributed any money.
Asked 6 years ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hi, once the wife is a registered owner of the property even though she has not contributed any money for its purchase ,her name cannot be removed by filing of civil suit .. She will remain the owner of the property 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Dear Client,

IF absolute contribution made by husband, court will declare ownership of husband. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear client

Please, contact Mr. Neeraj Gupta one of the top Civil Advocates in Gurugram having 30 yrs Experience and solved sonicated matters. Send your contact no. to [deleted] via what app. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Since wife has not contributed any funds for purchase of property she would not get any share in property 

 

2) however wife is entitled to interim maintenance and alimony from husband in event of divorce 

Ajay Sethi
Advocate, Mumbai
99854 Answers
8148 Consultations

She can invoke Provisions of domestic voilence Act to get share in the same

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

See in case the husband has paid the entire consideration and proof of payment of same are available then in that case there are good chances the matter can be decided in favour of the husband. The wife can try settlement asking husband for mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

the wife can make a claim if she can prove her equity in the property. 

In case a property is purchased and paid for by one person and the title is held by the other, the person in whose name the property is will be considered its legal owner. 

if the other person can prove in the court that he funded the purchase, even though the title is held by the spouse, he can claim the property.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Dear Sir,

 

- It all depends upon the mode of purchase and who paid all amount.

- Being house wife, she was fulfilling her responsibility of looking after the house and you as sole earner in family hence both had same level of contribution in family

- There are chances you might won the case if proved all the payments were done by you independently but still court may take above mentioned point in cognizance while deciding the divorce

- Rest she shall be entitled for alimony and regular maintenance with calculation of house if bought after marriage.

- The Law Commission suggested on 30th August 2018 to have the property share given to wife if the property is bought after marriage in the case of divorce 
 - Do consult local lawyer and do keep your on diligence on case. 

 

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

When did the marriage took place? 

It all depends on the number of years the wife has lived with the husband. 

the law is not certain on this point but can only be answered on the basis of the facts of the case 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir/Madam,

In India, wife does not have any rights in the property of the husband at all. However, if any money is due from the husband to the wife, then wife may approach the court of Law to recover the same by way of attachment of property, if husband refuses to pay the same.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

She will win to the extent of her share in the property.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Since she's a joint owner of the property,  her husband's suit is not maintainable. 

He is under misguidance about the law in force. 

She's entitled to half share in it 

She should not lose her confidence. 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

  1. The husband is trying to take the benefit of the plea that wife has not attributed any money in the property.
  2. But, once the conveyance deed has been executed then the interest or plea of the husband will go in vein.
  3. Court needs/ looks on the paper before it, and here in the present query, wife has share in it.
  4. You should file a detailed reply to the suit, so as to claim your share in the property.
  5. That should also be accompanied with some good case law to make your case more strong.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

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