Respected Sir/Ma'am, My parents have a property in Bangalore that my father purchased after their marriage. My mother is a housewife since marriage. She has not contributed anything to the purchase of the property. But the property is jointly owned by both of them. We are Christians by religion. My father is abusive towards my mother both physically and emotionally and me and my sibling want to get them separated as soon as possible and my mother is willing for a separation. What would happen to this property? Is my mother entitled to a 50% share in this joint property? My father also has his ancestral property already and he has another property in Bangalore which is solely in his name.
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Your mother is entitled for 50% share in the jointly owned property along with your father.
Whether divorced or remain married, she can claim her rights in the property.
However your mother or anyone are not entitled to claim a share in the property owned absolutely by him or the property inherited by him at least not during his lifetime.
Sir/Madam,
Your mother can claim 50% of that property which you have mentioned to be purchased after marriage. In rest of properties the children may ask share being an essential properties.
Your mother can file DV case against your father
2) seek right to stay in her matrimonial home
3) injunction restraining father to sell his 50 per cent share in property
4) also claim maintenance and compensation for mental torture undergone by her
5) your mother has no share in ancestral property and other property owned by your father
Well yes. Your mother can claim share in your father's all properties by way of alimony
1. Both your parents are co-owners of property if the sale deed is executed jointly in their names, irrespective of who paid the sale consideration.
2. Your mother is entitled to her 50% share, which she can cull out by filing a suit for partition in the competent civil court.
3. There is no concept of "ancestral property" under Christian law.
She can only ask for maintenance and will not have any ownership right over self acquired property of father
Dear Sir,
Your mother entitled for 50% share irrespective of her financial contribution in purchase of the property since she is shown as joint owner.
