• Husband's share in wife's property

My husband has illicit relationship. He had named property in my name 20 years back but he wants his share in the property. Is that applicable under the law? Can he get a share in property and do i  and my children have a share in property which is in his name. We have not filed a divorce case and neither do i plan so.
Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
1)how was property transferred in your name ? was it by gift deed duly stamped and registered? 

2) if property transferred in your name by gift deed you are absolute owner of said property .

3) your husband has no right in said property .you can dispose the said property as you so desire
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
How he named the property in your name? Was it gift or will or absolute sale?. If it is gift or absolute sale, you are absolute owner of the property and he cannot claim his share in the property.

You and you children can inherit the property left by him after his death.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1. it appears the property was purchased in your name.
2. If that is so then passing of 20 years is of ni help and he can not claim his right over it. The property would be treated as your exclusive property.
Devajyoti Barman
Advocate, Kolkata
5217 Answers
54 Consultations
4.9 on 5.0
In the property standing in your name, your husband can not claim any share.It is yours only subject to documents of title.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
There is contradiction in what you say. You say that the property your husband bought 20 years ago is in your name and in the third line of narration you say that the property is in his name. Actually the property is in whose name. If the property is in your husband's name and if he is the absolute owner then he will have absolute right to dispose off the property in the manner he decides. In the alternative if the property is in your name, by way of transfer by your husband, then you are the absolute owner and you can dispose off the property in the manner you decide, including your desire to give the shares to your children. In case the property is in your name, is it by sale,or  gift deed. Since you are not interested in divorce, inspite of your husband having illicit relationship with a woman, better to get him counselled, so that your husband would be on right track..
Shashidhar S. Sastry
Advocate, Bangalore
1241 Answers
59 Consultations
5.0 on 5.0
Dear Querist
You are the absolute owner of the property if the property is in your name and your husband can not claim any share in your property.
you and your child can claim in his property if he died intestate or your children can claim in ancestral property otherwise not.
Feel Free To Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. Was the property purchased in your name after the year 1988?

2. If yes, he can not claim the said property as his Benami property. You have absolute title on it,
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
If the property has been purchased in your name though consideration for the same is paid by him or has been gifted to you by a registered deed , it can not be claimed back.  You can not claim any share in the property which is in his name . You and your children can claim maintenance/ right to live in the property.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
1. How was the property transferred to you? Was the transfer by way of a gift deed, or it was purchased in your name? If yes, has the deed been registered in your favour after payment of requisite stamp duty?

2. If the transfer is comprehensive and the property has been registered in your favour then you are the absolute owner of the property and the transfer is irreversible.Your husband ceased to be the owner of the property if it has been registered in your favour. So he cannot claim any share in the property of which he is no longer the owner.

3. If the ownership has passed to you then your children will succeed to the property after your life time unless you make a will.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Hi,
 if the property is in your name i.e by any registered deed of transfer gift, release or sale agreement you have the tile and absolute right , he cannot claim it as long as you are alive , he will get a share only if you die intestate. the same way you shall not get any right in his property while he is alive.  In case he abandons you and children you can ask for maintenance. since you do not have a plan to file divorce you will get a share after his death if he leave any property behind. During his life time he can disperse his property as he wants.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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