• Women rights on husband property during divorce

My wife filed for a divorce.

1. What is her rights on the property that my parents gifted me as part of gift settlement.
2. What is her rights on the Fixed deposits I have in my name.
3. What is her rights on the future salary i earn in the future.
4. What is her rights on the property I brought in both of our name and paid for it by my earnings.

Please help
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

Any thing gifted by you during marriage and subsistence of marriage will be her streedhan and will belong to her. 

She will not have any rights on your FD. 

No right on future salary unless court grants her alimony from that. 

Her share will be hers in the joint property

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

If gifted to husband then not her streedhan of gifted her then it's streedhan

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Wife has no share in property gifted to husband by his parents 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Wife can claim interim maintenance and alimony from husband 

 

court would consider fixed deposits standing in husband name , his salary in determining interim maintenance and alimony 

 

if you have bought property in joint names you will have to file declaratory suit that you are absolute owner of property as full consideration was paid by you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear Querist

My opinion on your queries are as under: -

1. She has not right over the property except the right to residence if that property is house/her matrimonial home.

2. She has no right over your Fixed deposit but she may claim maintenance if she is unable to maintain herself and you are refusing or neglecting her for the same.

3. As above.

4. If the property is not purchased for the benefits of the wife then you may claim by filing a suit for declaration that you are the absolute owner of that property.

 

5. No, she will not be entitled to get any share in those properties except as opinioned in points no.1 & 2.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir,

She may demand whatever she likes but she is not authorised/entitled for any share in in the properties gifted to you by parents, the fixed deposits and future salary. But she may demand her share in the property which is on name of both of you. Further, she may use such information for asking maintenance and alimony.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

1. She cannot claim rights. 

2. She cannot claim except attaching those to support maintenance. 

3. Direction to employer to remit maintenance awarded by court.

4. She has rights.

Rajaganapathy Ganesan
Advocate, Chennai
2306 Answers
8 Consultations

1. She has no rights to claim any share in the properties  that are lying on you or that have been inherited by you from your parents or through any other source.

2. She cannot claim any rights over your movable assets too, however in the maintenance case she may cite that you possess the said FDs  hence to enhance the maintenance amount.

3. She do not have any rights on your salary also, however if you do not pay the maintenance amount as per the orders of the court, then she may ask the court to attach the salary to fulfill the monthly maintenance amount requirements.

 

4. She may claim equal rights in the property jointly owned by you both provided the joint ownership is in the form of joint registered sale deed in both of your names. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Neither his wife nor anyone including his own children do not have any rights over the property lying on his name, at least not during his lifetime. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

please go through the latest judgment of Hon'ble Supreme Court in case of Rajnesh Vs. Neha reported in 2020 JX SC 677. It has detailed reply to the inclusion and exclusion in deriving quantum of maintenance.  

Pooja Ashar
Advocate, Ahmedabad
237 Answers
4 Consultations

1. to 3. Your wife shall not have any right on the properties standing in your name during your lifetime even when she stays married to you.

 

4. She will have equal right on the property standing in both of your names unless you file a declaratory Suit praying for declaration that the said property actually belongs to you since you have paid the entire consideration and obtain an order directing the Registrar to delete her name as the Co-Owner of the said property, from the Register.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Wife has no share on the said property standing in the name of the husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. What is gifted to you is your separate property which is at par with self acquired property. Your wife has no share in it, but she has the right to secure residence in it if it was made the matrimonial home.

2. No share accrues to her in your FDs.

3. She can claim maintenance from you. Maintenance can be made a charge on the salary.

4. She has 50% share in the properties registered jointly in your names irrespective of who paid the sale consideration.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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