Dear Client,
Wife has no claim in husband`s property except right to resident. And in laws can prohibit her to enter in their house.
Rest, returning her belongings, prepare the list of all and lodge them in truck and send to her address.
Right to occupy property during divorce proceddings
My client has two residential properties one in his fathers name & other is jointly owned by his father, mother & himself. Both of the properties were purchased before his marriage. He & his wife were residing at second property when the divorce petition was filed. Whether his wife can occupy the property? At present she is staying in different city but her belongings are still in flat. How can my client ask her to take back her belongings?
Asked 5 years ago in Family Law
Religion: Hindu
24 Answers
Can right to resident denied and burden of rent if any be shared?
Asked 5 years ago
Rent shall be borne by you.
Wife can seek right to stay in her matrimonial home
seek an injunction restraining husband from selling the property
no she can not stake any claim in the property that belongs to the parents of the husband or that has been acquired by the husband before the marriage.
If the right to residence is denied then she can claim the same through the court or may then ask for the rent for her accommodation
As the divorce petition has been filed and the other party has not been willing to take back the belongings from her matrimonial house in case she wants to go back to the matrimonial house she will have to take the help of the police as the entry in the matrimonial house may be denied by husband and his friend after the divorce petition she will have no right to live in the matrimonial house however she can claim the maintenance from the husband in case her own salary is not enough to maintain herself this may include the rental of the accommodation as well
Generally speaking, a wife has residence right till divorce. In case she is denied this right, it is open for the wife to claim residence in the shared household by way of making a complaint under DV Act.
Having said that, once you prefer a divorce petition, she cannot force her entry in the properties mentioned by you in your query.
He wife can have residence rights in the said property where she resided after marriage and which is her matrimonial home.
1. Wife will hve no claim on the title of husband's property during his lifetime.
2. However, she has the right to stay at the place where husband is staying ordinarily.
3. You can not force your wife to take away her belongings from your house so long she stands as your legally wedded wife.
1.Wife has the right to stay at the place where her husband is staying.
2. Wife can not be compelled to share the rent of the said accommodation.
His husband is liable to provide residence to his wife as per law. if you ask her to move from the house jointly owned by him and his family members, he will have to provide alternate accommodation to her.
Residence rights cannot be denied to a wife, who is having no or very less earnings of her own.
Wife can claim only maintenance from the husband and she will have no personal rights in the property of her husband during the lifetime of her husband. But if husband is not providing any maintenance to his wife, only then wife can can get create the charge in the property of husband. In short wife has no right in the property of husband during his life time.
You must become aware of the law that until their marriage is dissolved by a decree of divorce through a court of law, she will be his legally wedded wife and she has all rights to reside in her matrimonial home.
The place where he resides shall be her matrimonial home.
He cannot drive her out of his home just because he has filed the divorce petition against her.
If he is trying to throw her items out of his house then she may file different cases including theft case and DV case.
Right to her residence cannot be denied by him so long she remains his legally wedded wife and also he cannot ask her to share the rent because it is his duty to provide her residence.
Dear sir
A wife cannot claim share in husband property unless your client default in paying maintenance to his wife and if she files the execution petition For maintenance order by court in this case court can attach the property of husband.
And if your husband is ordered to give accommodation to his wife in the matrimonial home or pay rent for her accommodation then he have to pay rent for her accommodation.
What if by making release deed my client' parents release my client from flat? Now both flat will be on clinet's parents name. Then Clients wife can claim occupancy?
Asked 5 years ago
If property is in parents name then daughter in law cannot claim any rights on the property
She can only claim occupancy in her matrimonial home
It can be done, but in that case he would have to provide her accommodation at some other place or would have to pay her monthly rent, if she goes to court to claim residence rights.
If no prohibition order form court, he can execute release deed in favor of parents.
She can claim residential rights in her matrimonial home or the place where her husband is residing.
She cannot claim residential rights in a third person's property.
Hence she cannot claim residential rights in her mother in law property.
this is not this easy.
If she is able to prove that the transfer has just been made for this purpose then the court may still gave her residential rights
If a flat exclusively belongs to a father-in-law and his son is living separately, the daughter-in-law has no right to live in the house.
1. Your client shall have to register a Relinquishment Deed relinquishing his share of the property in favour of his parents.
2. Wife can demand to stay with her husband whereever he stays.