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I have inherited property worth 50lakhs after marriage I purchased 3plots taking a loan now I intend to file a pitetion for divorce against my wife can my wife claim share after divorce, she is not working nor contributed any money to purchase above said plots.
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

If she hasn't contributed towards the consideration for buying the said properties, she cannot claim any share in such properties. She can only claim monthlymaintenance amount if she is unable to maintain herself from her own income.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Wife has no share in property standing in your name in event of divorce 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello,

Yes your wife has the right over the property that are purchased as also inherited. Better gift the inherited property to someone you can trust.

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

In that case too, she cannot claim any share 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

No until your mother is alive.

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

You can execute gift deed in your mother name 

 

2) in alternative execute sale deed in mother favour for repayment of loan 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Till you're alive your wife can't any claim on property except alimony or maintenance she can claim.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Wife have no right in husband property except right to residence till diovrce not grant. But you are holding good number of property, she can demand either of them for settlement or through court as one time alimony. 

Here working status may be only ground to refuse her any alimony.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Please note that a wife has the right to be maintained by the husband only and in case of any domestic dispute and petition has been filed the wife can ask for the maintenance by filing maintenance petition under section 125 CrPC you don't have any right on the properties and the properties in question can only be utilised if the husband is not able to clear the maintenance amount as allowed by court and an execution petition has been filed to get the outstanding amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The property purchased on your name or lying in your name shall be your own and absolute property, in which nobody, including your wife or children or parents can claim any share in it as a right at least not during your lifetime.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Your mother can demand the repayment of loan and if there is no possibility for the repayment, she may approach court for attaching the property on your name.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

No wife has no rights in your inherited or self acquired properties she can only.claim maintenance from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No she cannot.claim even if you gift or transfer the property in mothers name.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She can only seek alimony and residence rights cannot seek ownership rights in the same

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

she can not claim share in the property, but she can claim Alimony & maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

you can execute registered sale deed in favour of your mother. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. Wife has no share in the property of her husband irrespective of whether it was purchased before or after marriage.

2. The only right of wife is to reside in the shared household of her husband.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

No she cannot claim share from your properties.

She can only claim maintenance for her.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Under the present law in existence in India a wife has no share in the property of her husband irrespective of whether it was purchased after or before marriage by him. 1. The only right of the wife is the right to seek maintenance from you.

A wife is not entitled to husbands property but may claim alimony or maintenance depending upon a number of factors.

Alimony is granted to the spouse who is unable to support himself/herself by the other spouse during or after the divorce proceeding.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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