• Property distribute while divorce

Hello I M Mr. Gaurav
My wife is not living with me from 11 months I have one son living with her. I had file restitution for congunal right to get back her home but she has not came nor she is giving divorce. She has demanded property from me.
I am ready to give alimony to her as my son is there.
My question is 
Can she demand my property as per new law ?
I have my self Accuired property and not ancestral
My father has given me the property by will which was his self Accuired.
I don't have any ancestral property.
While divorce or before that can my wife demand share in property as she has 2 flats and farms of her parents. She is educated in BE Electronics.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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16 Answers

Yes she can, transfer your property in your mothers name immediately by way of registered gift deed and keep quite about it

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Wife has no share in property standing in your name 

 

2) she can claim interim maintenance and alimony from you 

 

3) if your wife is working and there is not substantial differences in your incomes she would not get maintenance 

 

4) seek sole custody of your child 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

No she cannot demand property.

It is your wish either to give her property or not.

Collate details of properties owned by her & details of her earning  i.e., salary etc., with proofs. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

She has a substantial amount of money and property therefore is not entitled to property. Moreover a wife cannot demand property as of right. She may demand and get alimony and maintenance from her husband.

You have to pay maintenance for your child.

File a divorce petition on grounds of cruelty and desertion although desertion can be a ground only after 3 years.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce. 2. The bill has not yet been passed. ... Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime.

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.

Alimony can be obtained in two types according to the Indian Law:

  1. During the time of court proceedings as a maintenance amount
  2. After legal separation as a lump sum amount

The amount of alimony to be paid depends on :

  1. Income of the spouse
  2. Number of years the couple have been married
  3. Number of children

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No she can't demand property she can only demand alimony or residence rights from husband. As she is educated she can't demand alimony for herself she can only demand maintenance for child

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hi

Her property doesn't matter.

Yes she can ask her part from the property in your name.

Give your statement in court that you are ready to give her alimony. She is educated and can earn for herself so you will not be charged for maintenance. 

 

Matter will be solved Don't Worry 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. She cannot claim your property, whether it's self acquired or ancestral property, in view of divorce.

2. I think what you are referring to, is the amendment to the Hindu Succession Act 1956, in 2005 where the married daughters are entitled to the ancestral property of father's , subject to the father being alive as on [deleted]. Your wife cannot make use of this amendment to her advantage.

3.  Let you convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  4..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 5. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

6.T time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

1. She cannot demand proeprty from you and there is no such new law also as you say about it, do not fall prey to rumours on this.

2. She cannot claim any rights in your self acquired or even in ancestral property and at least not during your lifetime.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

 your wife can demand maintenance for self and child demand any property rights it is your responsibility to maintain your wife even after the divorce till she gets marry again but you will have the responsibility of maintenance of your child in any case if your wife is not filing a divorce petition you may file the divorce petition as you have already have degree in Restoration of conjugal rights case little in the mediation you can decide other things and agree for any alimony as demanded and agreed by you during the mediation

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Not as per law but by mutual settlement between parties. Wife have no right on husband property except right to residence during marriage.

Property acquired through WILL is also self acquired property.

Her parents property will not consider by court but in your case, you may not require to give property in settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

She has no right on property and there is no law under which she can claim your property.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- As per law, wife is having no right over the property of her husband or in-in laws during her husbands life time. 

- Hence , she cannot demand your property , whether the property is ancestral or self acquired.

- But , she can claim residential right from you under the provision of domestic violence Act.  

- If she has already received a share in her parental property , then also she cannot claim from you even residence after the divorce. 

A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. No she cannot demand your property under any law. 

2. Your wife cannot claim any share from your property whether before or after divorce but your son can claim your property if you die intestate( without will). 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Under the present law a wife has no share in the property of her husband, but she has the right to residence in the shared household of her husband and can seek injunction against alienation of it.

2. She can demand maintenance.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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