• Share for wife after divorce

Me and my wife fought and separated since one month. We might get divorced.

1. I have a house that was gifted to me by my father and it was his own property that he bought.
 I also have an apartment that I purchased on my own.
 What are the rights of my wife after divorce on these properties?

2. I am working professional and have a job. My wife is a homemaker(house wife). Since she is not working, should I pay alimony?. She also has a property and she gets income from that.

3. We also have a 1 year old girl child. who gets to keep the child after the divorce.
Asked 4 years ago in Family Law
Religion: Hindu

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32 Answers

Your wife has no share in properties standing in your name 

 

2) she only has right to stay in her matrimonial home 

 

3) you will have to pay wife maintenance as she is not working 

 

4) custody of child is generally awarded to mother as she is only one year old 

 

5) you would get visitation rights 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

1. In india wife has no right on properties she has right of maintenance she can see dame from you.

2. See if wife is earning then maintenance/alimony can be contested though since she is housewife court may.grant her maintenance.

3. See you both can either mutually decide or can file for custody of.the child.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

-U/s 125 of CrPC, your wife and children are entitled to maintenance along with alimony.

- Your wife may seek the right in your property provided it is on your name. If your father disowned you and property is not on your name than your wife shall not be entitled to the house benefit.  

- Being a girl child and welfare of child your wife shall get the custody of her until you prove that the welfare of the child shall be better-taken care by you and child is not safe in mother custody. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Wife is not entitled to any share to the property of husband during her life time whether divorced or not. 

She shall be entitled to maintenance if she is incapable of maintaining herself.

Up-to 5 years of age custody generally goes to mother. After that it is court to decide upon the custody.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. If you apply for divorce in India under Hindu Marriage Act, your wife will not have any right on your self acquired/ancestral properties.

2. Normally the alimony/maintenance amount to be considered after divorce will be around 1/3rd of your monthly income. If she has a steady income, that will also be considered. The court will consider the duration of marriage, income of the spouse, children's education, etc, before granting alimony.

3. In normal circumstances, court will grant custody of the child below 5 years to the mother and father will be entitled to visitation rights.

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

1. She may have residential rights alone.

2. Depends as it is the discretion of the court and her interest to claim maintenance .

3. Mother as it is of tender age.

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

You can object to alimony. She will not have ownership rights but may take residence order if the same is her matrimonial house

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

1. If your wife has no independent source of income then she is  entitled to maintenance  @ 25% of your income.

2. However the wife has no share in the property of husband. She has only right of residence in the house of the husband even at his exclusion.

3. There is no law which gives right to any particular parent to keep the custody of the child. In the case of child of this age her wish is given great importance by court while determining the issue of her custody. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

1. She would have no share in your self acquired or inherited properties. She can only claim residence rights.

2. If she has sufficient income of her own, then she cannot claim any maintenance amount from you.

3.The supreme court  has heldt in case of custody, custody of children below 5 years of age should generally go to the mother but the welfare of the child is of Paramount importance.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If she is living in India and file alimony and maintenance case against you. Than you need to pay 25-30% net income of your salary and regarding immovable property she is not entitled in it till you're alive.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

No right even while subsistence of marriage. No working wife entitle to alimony. and while granting alimony to her, court will consider her rental income.

Custody of child rest with mother as a matte of right up to 5 years if age, You will grant visitation right.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

1. I have a house that was gifted to me by my father and it was his own property that he bought.

I also have an apartment that I purchased on my own.

What are the rights of my wife after divorce on these properties?


None. Wife only has a right of maintenance. She cannot claim in the husband's properties

Yusuf Rampurawala
Advocate, Mumbai
7519 Answers
79 Consultations

5.0 on 5.0

Your wife is not entitled to your property in your presence.

If you go for divorce, yes, you have to maintain wife and child.

As far as alimony is concerned it is  subject matter of final out come.

If you can prove that, she is getting income from her property your maintenance amount  will come down proportionately.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

She cannot take away your assets except by order of the court or as a settlement towards alimony/maintenance in maintenance proceedings that she may file. After divorce she cannot claim anything from you.

As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- After divorce, your wife cannot claim right over your self acquired property during your lifetime.

- Further , after divorce, a divorced wife does not get any right over her ex-husband's self acquired property even after the lifetime of of her ex-husband.

-  In case of a joint property she can claim her right at the time of divorce only.

- Since, she is getting income from her property , she is not entitled for any maintenance , but if the that income is not sufficient for her maintenance , then can claim the same from you. 

- Usually the custody of a girl child goes to mother.But it will decide for the best interest of child .

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

1. Your wife does not have any right now and also shall not have any right on your said properties after obtaining thge decree of divorce from you. However, she will be entitled to claim maintenance and in case you fail to pay her the maintenance, she can file a petition praying for attachment of your properties .so that those properties can be used for generating the amount ordered to be paid by you towards her maintenance.

 

2. Her income from her properties will be considered as her earnings per month. She will be entitled to i/3rd to 1/4th of your net monthly earnings after substracting her gross monthkly earnings to maintain her sife in consonance with your life style.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

Dear Client, 

Your wife will have no share in your property after divorce but you have to pay alimony to her as per her reasonable demand.

Custody of child will be with your wife insists on that otherwise you may also claim for your child's upbringing. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Your wife don't have any right over your properties till you provide her regular monthly maintenance.

If you don't pay her maintenance then she can file execution and court can attach your properties and give them to your wife for her maintenance.

Yes you need to pay her alimony and maintenance.

Child custody remains with mother till 5 yrs of age after that you can file case for custody of your child. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.  Both the properties are your own and absolute properties hence neither your wife nor your children, if any, do not have any rights in the properties that are on your name.

2. If she is unemployed and do not have any source of income to sustain her expenses, then she would be eligible for maintenance from you.

You can prove her income by producing her ITR and reject her claim for maintenance.

3.  Generally the child shall remain with the mother under her care and custody till the child attains 5 years of age, you can apply for visitation rights until then. 

T Kalaiselvan
Advocate, Vellore
84984 Answers
2205 Consultations

5.0 on 5.0

Dear Sir,

Under Hindu Law, wife has the right to her husband’s property after his death or after divorce.

Under Hindu Succession Act 1956, a married woman can inherit her husband’s property only after the death of the husband, provided the husband dies intestate. What this means is -

  1. wife does not get an automatic right to her husband’s property upon marriage &
  2. husband should not have expressly excluded or denied her share in his will.

Even in case of husband’s ancestral property, wife does not have the right to it unless and until she inherits from the deceased husband.

To protect interests of women after divorce, Marriage Law’s (Amendment) Bill 2010 was passed by the cabinet, which is pending for discussion in Rajya Sabha and some major changes in the women rights are suggested, on how the properties would be divided after divorce. Accordingly, a wife gets 50% share in her husband’s self-acquired property after divorce.

Although this law has been severely criticized for being anti-male, the law as it stands now, grants wife a 50% share in husband’s self-acquired residential property. She gets a share in other properties as well but the quantum has not been laid down. “living standard of the wife” is the criteria to determine the quantum of wife’s share in other properties.

Illustration 1:

‘A’ marries ‘B’. ‘B’ being the wife. ‘B’ does not have the right to ‘A’s property during his lifetime. She inherits her husband’s property only after his death unless otherwise expressly mentioned in the will of the deceased.

Illustration 2:

‘B’ divorces ‘A’ by mutual consent. ‘B’ has the right to claim 50% of ‘A’s property after divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

file police complaint against father in law for criminal breach of trust under section 406 of IPC for refusing to return your original documents of title 

 

before filing complaint issue legal notice to father in law to return your documents 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

You can send him a legal notice and if not given can file IPC 406 against him

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

1. Send a legal notice to him to return your property papers as he has illegally kept in his custody and is not returning it to you inspite of your request to him for the same.

2. You can obtain Certified copies from the jurisdictional Sub Registrar's Office, which will be as good as the original document.

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

You can for original property paper that he is not returning can file a police complaint or can give a notice to father in law to return same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Complain to police that your property papers forcibly kept by your father in law with him. 

Or complain to magistrate u/s 156 directly. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

- Do obtain the duplicate copy on behalf of lost of original and sell it on priority to safeguard your interest.

- Practically, it is very difficult to obtain the document as your wife will file to DV Act to penalize you.

- If the matter is of North India, do connect to have the proper guidance on matter.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

File FIR of theft that wife stolen your property paper and kept in father custody.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

First, you can solve a legal notice to your father in law to return the property papers to you on receipt of the legal notice. If he fails to do so within 15 days,you can file a FIR with the police pertaining to the loss of the property papers against him. Also, advertisement needs to be published in newspaper informing the public  of the loss of your property papers and warning individuals not to get into any transaction with any person other than you with respect to the said property.

In the meantime, you can also apply for certified copies of the sale deed documents from sub register office where the sale deed was originally registered.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

you have to give police complaint in your jurisdictional police station in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Send a legal notice to him for releasing the paper and if he does not give the same to you thereafter if he does not return the documents then file a FIR against your father in Law. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If you want legal solutions for this, then you may issue a legal notice instructing him to return all those property related papers immediately or else to face legal consequences.

Other than legal step, you may take some elderly people to his home and demand return of the documents which will be more effective.

T Kalaiselvan
Advocate, Vellore
84984 Answers
2205 Consultations

5.0 on 5.0

Yes you can get original documents back by filing petition with SDM for production of documents. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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