I am 38 years old male, living in USA. My father passed away when I was 10 and my mother got my father's government job since then. She struggled a lot to raise me and my sister and together we built 3 houses and have very good bank balance and investments. Most of them are in my name. Only I and my mom contributed to all properties we have. I married a girl 4 years ago, received nothing from her(Not any gifts, not any money, not any jewels or property). All I wanted was a caring wife who can take care of me and my mother. My wife moved with me to US and got a job after few months. After getting job she contributed some money from her salary for our expense(She paid the rent for the apartment, I took care of everything else). She did that for 10 months and after that, we had to send her to India as she had a complicated delivery and we don't have anyone to help her. Long story short, we realized she and her family are greedy for money and US life and none of us are happy. When we questioned them, we saw their other cunning face. Her father is secretly exploring options to get some of my properties in her daughter's name. I am exploring options in a worst-case scenario of divorce. Questions: 1. Does my wife has any rights to my properties? Only I and my mom paid for all the properties and her contribution is nothing. 2. Doest she have any rights on the bank balance I have? Again, it's all from my earning and she contributed nothing 3. My instinct tells me that, they would go to any level to get good alimony from me. Is she entitled to any alimony? She is working now and earning good money. We didn't receive anything from her so far (Except she shared rent for 10 months) - Assuming that she would make false allegations and I have sufficient evidence that she has contributed nothing and she is working and earning good pay. 4. Is there anything I should be careful of, protecting my hard-earned money and properties 5. What are my rights here?
14 answers received from multiple lawyers
Lawyers are available now to answer your questions.
Wife has no share in properties standing in your name
2) she can claim right to stay in her matrimonial home
3) court would consider properties standing in your name , balance in your bank accounts , investments in determining maintenance
4) if both are working and there is not much differences in your incomes wife would not get alimony
5) sell off some of your properties
1. Wife has no share in the property of husband but has right of residence therein including her in law's.
2. No.
3. Yes @ 1/4th of your income.
4. Careful in rebuilding your marriage.
5. Right to have peaceful marriage for which you need to spend time with your family.
Hi, The Wife is not entitled to claim share in the property and she can claim only maintenance. Further, as per new Supreme Court ruling. If the wife file an application for maintenance, then both the parties i.e husband and wife has to file an affidavit before the Court, disclosing their assets and liabilities. So both of them will have to disclose their financial status and on the basis of the same. The court will award maintenance.
1. & 2. As per Indian law, your wife will have no right on your properties during your lifetime. She can claim maintenance only from you. However, as per law of most of the States of USA, the wife will have equal share on the properties acquired by the husband post marriage.
3. Employed wives are not entitled to any maintenance if her gross monthly earning is equal to 1/3rd of the net monthly earning of her husband. Your earnings in dollars shall have to be multiplied with PPP(purchasing pwoer parity) while determining your earnings in INR to determine the alimony.
4. & 5. Collect audio/video recordings of all their claims/threats for extorting money from you which will stand as evidence in case she files any case against you claiming alimony.
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
1. No, she cannot claim share in your properties legally during your life time , but she can claim residential right .
2. No, but she can claim maintenance from you .
3. If she is working lady , and earning handsome amount , then she cannot claim maintenance /alimony from you.
4. collect evidence against her cruelty and behaviour
5. You can file divorce petition against her cruelty , and harassment.
1. Your wife cannot claim any share in your property or your mother's property as a right at least not during your lifetime.
2. No.
3. You can repudiate her claim for maintenance b y producing the documentary evidences to prove that she is employed and drawing handsome salary income.
4. She cannot claim your property or bank savings amount
5. You have complete rights over your property.
Okay. Here is my situation. I am deeply stressed out by my wife and her family members. My father in law had criminal cases against him before my marriage and their thought process is selfish and exploiting others. I want to make sure my mother and sister live peacefully and not disturbed by my bad marriage choice. Just thinking a worst-case scenario, do you recommend transferring the properties from my name to my mothers name for my family's safety. Just in case if I die due to high stress. I am a strong person to deal with all these, but I am worried about mental health of my mother and sister who sacrificed everything for me. One bad marriage choice is taking a toll on my entire families mental health. How easy and straight forward it is to transfer properties in my name(All were acquired before my marriage) to my mother or sister's name?
You can execute gift deed in favour of your mother or sister
gift deed should be duly stamped and registered
Your fears about her claim over the property lying on your name are unnecessary.
If you still worry about it's safety you may get it transferred to your close relatives name.
Hi, If you want to transfer the property you can transfer it by way of gift. I don't think it would help to resolve the issue. Once you transfer the property then she can take a contention that in order to avoid maintenance you are supposed to transfer the property.
Dear Querist
My opinion on your queries are as under: -
Opinion: - No she has no right over the property of you and your family but she may claim right to residence in share household (matrimonial home).
Opinion: - if she is not earning then you have to pay her maintenance and at the time of granting maintenance, your bank balance and salary will consider including your expenses.
Opinion: - if you have evidence and she concealed the same then her case can be dismissed and you may also file a criminal case against her before the court for the offence of perjury under section 195/340 of Cr. P.C.
Opinion: - yes, you should transfer the amount to the bank of your mother and maintain only the minimum required amount.
Opinion: - fighting the case on merit or settled the matter and go for mutual consent divorce if possible.
If you choose the first option then you have to get the assistance of a lawyer who deals in criminal matrimonial cases and with the help of the advocate, you may fight and try to win the cases.
Feel Free to Call
Dear Querist
it is very much easy for transferring the properties in the name of anyone.
Dear sir,
yes your wife can claim the right over the property if you have a baby( as mentioned- complicated delivery). she can claim maintenance but she wont be entitled for the property.
self acquired property cannot be partitioned or claimed by the wife. Partition can only be between those having share, right, title or interest in the property. if the property is bought by you, it is your will to give it to your child, however the wife can only claim maintenance.
even though she claims in future that the property is bought by her share of money as well, you will then have to show all the money transactions and dealing with the property and show all other documents as evidences that the property is acquired by you and your mother. similarly, she can claims the property to be bought by her as well, she will have to show the evidences of the mode of monetary transactions. through the RTI, you can ask the bank balance details of hers, which will prove everything.
1. If you die intestate, then your wife will equally share your properties along with your mother.
2. In view of the above, it might be a prudent on your part to register Gift Deeds conveying all your properties in favour of your mother and/or sister.
3. Please note that in case of demise of your mother, you again will become 50% share holder of her properties along with your sister.
- Yes, you can transfer the property in your mothers name for your safety by way of Gift deed etc.
- However after your mother demise , that property would be devolved upon all the legal heirs including you.