I have received lots of answers/suggestions/replies. Thank you all. As you all have understood my situation, so, I wish to ask more specifically. Situations: # The wife is a gainful govt. employee (earning Rs. 90000/-) and I am earning Rs. 30000/-. Please note carefully that I haven't hide anything in the Income Affidavit (submitted on Mar. 2019) because till then I have no property. But later I had purchased (Oct. 2019) a one-room set house. # Court had just asked me only to submit the supporting documents as stated in the Income affidavit dated Mar. 2019 as it was filled uptill Mar. 2019. My wife's advocate is also demanding the same. # Whereas, the one-room house was purchased by me later i.e. in Oct. 2019. Questions: Q1: Please give an SC Case reference or citation details or any recent case where I can indicate that my wife has no share in my property. It is important for me to know how she has no rights on my property. Please share with me the link of any case HC / SC. Q2. What is the correct reasoning? My wife has no share in my property because she is a gainful employee or she is earning 3 times higher than me or I am not willing to give her any share. Q3: Court has asked me to complete the old Income affidavit i.e. to submit old Bank statements & ITRs. So, do I need to follow the orders or you are suggesting me to give upto date supporting documents (i.e. latest Bank statement & ITRs)? Q4: Shall I seek more time to submit the latest ITR and then submit Income affidavit? So that it gives a clean hand impression. Q5: Can I submit a revised Income affidavit later after submitting the old Income affidavit as asked by the Court recently?
First understand that till you're alive wife can't claim in immovable property of yours.
Here court is asking you to submit supporting document of March 2019 Affidavit that you have submitted in the court. Means all income proofs before March 2019 and not current income.
You can show her income so she will be not eligible for alimony nor maintenance and any share in house as well.
There is no law in India which provides wife has share in husband property
2) she is also not entitled to any alimony or maintenance as her income is more than yours
3) follow court orders
4) if any further directions are given by court submit latest bank statement and affidavit
1. Wife has no share in the property of husband. This is law and let her prove that she has a share. However under PWDV Act she has right of residence therein.
2. This law has no connection with her income as unemployed wife has similar disadvantage.
3. Do as per directions of court.
4. If ITR is ready then file it on the next scheduled date.
5. Do as advised above.
1. Under the Hindu Succession Act 1956, husband’s property can be inherited by a married woman only after the death of the husband,
- It means that wife does not get an automatic right to her husband’s property upon marriage.
2. This is the law under the Hindu Succession Act as i mentioned above.
3. You have to comply the court order as you have mentioned in your affidavit.
4. You can take time on this ground from the court .
5. No, you cannot take back the old affidavit from the court.
- You should arrange her income proof before the court , and further request to court to dismiss her maintenance application if any , and can also request for your maintenance as well.
wife don`t have any right on husband property in his life time except right to residence in shared household. If total contribution is made by husband in purchasing property in joint ownership than by declaration of court, husband can be sole owner otherwise 50% share of both.
if she is earning enough to survive or more than that then she is not entitled for any claim alimony.
yes, you have to submit .
you can inform to court that ITR not available. you may request court to give some time for submission.
She does not have ownership rights in your property at the most she can have residence rights in the property. Even you can object her alimony Petition if she is successfully earning
For question 3,4,5 the answer is yes
It is possible only to an Advocate who is representing and handling your case before the Court.
You can't make it sure to have solution through chat with Advocate via chatting and Email.
There is process called preparation of affidavit in evidence and reply in affidavit by other side with further right to re-joinder.
Therefore the answer and solution for the question asked by you are relevant and related to evidentiary terms and values which needs to be reviewed and discussed after scrutinizing Original Documents relied upon.
1. The Hindu succession law is very clear in this regard that the wife or anyone including his children cannot claim any share ion husband's properties especially self lacquered property during the lifetime of the husband.
If you still want any citation then you can make a google search on the topic.
2. As p[er law the property acquired by anyone shall be his own and absolute property which cannot confer any right on a third person be it his spouse or children or anyone at least not during his lifetime.
Her employment or nil income will not entitle her to claim any share in your property as a right.
3. Your income affidavit has nothing to do with the property you have acquired.
You were directed to submit income affidavit which would be as on the date of demand and not beyond that date.
The court has not asked you to submit yor latest income affidavit, hence you can submit an affidavit as on that date.
4. Don't get into trouble by such fancy ideas, you can discuss with your advocate instead of taking such hasty and absurd decisions.
5. Not necessary, you submit what is asked from you and don't overact due to your anxiety.
It will certainly land you in trouble.
1. You do not require any SC judgment. Statutory law itself is clear on this. Woman has no share in the property of her husband, albeit she has the right to residence in it.
2. It is immaterial whether she is gainfully employed or not so far as her rights in your property are concerned.
3. The order of court should be obeyed in letter and spirit.
4. You may seek more time.
5. Revised income affidavit can also be submitted subsequently.
Dear Querist
as per the information provided by you my opinion on your queries are as under:-
1. There is no law in India yet by which the wife may claim a share in the property of the husband, hence there is no requirement for any Judgment or references.
2. As there is no Law regarding the sharing of property to wife or husband, the question of reasoning is not aroused.
3. File another fresh income affidavit as per the direction of the Hon'ble Court. as she is earning more then you then she is not entitled to even get any alimony but you may claim maintenance or alimony based on the status as she is earning three times more than you as per section 25 of Hindu Marriage Act-1955
4. As due to COVID-19, all the proceedings are on hold so it will be better for you to prepare all the documents and when the court will open than file the same before the court so that court sees your conduct for fairness and not delaying the matter.
5. yes, you may.
Feel Free to call
Dear Querist
she has only one right over your property which is right to residence as per section 18-19 of Protection of Women from Domestic Violence Act-2005. and nothing else.
This is absolute, wife have no share in husband property except right to residence till not divorced.
2. Non of above. In self acquired property of person, non have(family) any share including wife except in case of intestate death.
Court has asked you to submit old records of income.
4. Submit old statement.
5. NO need unless court direct.
1. You don't need any judgement from supreme court because there is no such law which give rights to wife to claim share from property of husband after divorce.
2. Wife can only claim property if husband fails to provide maintenance to wife which granted by court in maintenance case.
3. In your case court may not order you to pay maintenance because your wife's earning is more than you.
4. No need to wait for latest ITR just submit previous ITR.
There is no specific judgment but the property belongs to you as the only thing that matters is ownership rights which belong to you. If you don't want to share the property with her the court cannot compel you to do so. But if she is not earning then you have to provide maintenance to her. That is important.
Here she is not entitled to maintenance as she is earning 3 times than you.
If they ask for old go for old.
If it has asked for the new income certificate etc. Then disclose the property. She is not in a position to challenge it and ask for a share. It is a one room set. Nothing cery big.
