• Property splitting during divorce

Hi , 
I have 2 property in India one was bought before marriage and other during marriage.
The property which i bought during marriage is under my name and my wife. All the amount is paid by me for the second one.

I checked the questions related to this in the website , i did not know when it was posted as the timestamp is not there in each answers.

Want to know the current law how is property splitting between us .
Does she have right to the property which was acquired before marriage ?

thanks
Asked 8 months ago in Family Law from United States
Religion: Hindu
Hello,
1) As such in India the wife does not have any right on husband's property during his life time.

2) The second property that you acquired will have to be split equally between you equally as it is registered in joint names. Had it not been registered on joint names she would not have acquired any rights in your property.

S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
`1) wife has no right in husband property acquired before or after marriage in india 

2) wife only has rights to stay in her matrimonial home 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
The proprietary rights of a wife in India are limited to those properties which have been registered either absolutely in her favour or jointly with her husband. She has no share in the properties registered entirely in her husband's favour irrespective of whether the acquisition was made before or after marriage.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
Your wife has no legal right to claim share in your self acquired property. She can only claim right to stay in matrimonial home. She may get permanent alimony while seeking divorce and maintenance of a fixed sum if she is not earning herself till she re-marries. The Hindu Marriage Act, 1955 also provide for settlement of property jointly owned by both parties which they were presented to them at the time of marriage.In the second property legally she has 50% share. 

As per Section 125(l) (a) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Here ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hi, wife has no right to claim share in the property which is in your name, however she has 1/2 share in the property  which is purchased in the joint name.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
She can claim the property if the property is in her name and not any property, she is not entitle to get any share from the husband and his relatives/family members property by any law in India.

there is no law exist yet in India by which she can claim any share in the property of husband, only she can claim right to residence in the property which is belong to husband and he is residing there.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. As per Indian Law, your wife shall have no right, title and interest on your property during your lifetime,

2. After your demise intestate, she will have equal share on your property along with  your mother if she is alive and all your children,

3. She she will have equal share on the property jointly held by you with her, unless you file a declaratory suit before Civil Court praying for a declaration that the property actually belongs to you since you have paid and have been paying the entire consideration for buying the property and get the said declaration with a direction upon the Registrar to cancel her name as the joint owner of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
As a matter of fact she does not have any right or a share in the property acquired by you even after your marriage.  
But as you said that the property purchased after the marriage was on the joint names, she becomes the joint owner of the the property.  A joint owner is entitled to half share in the property if there is no specification about the proportion of share between each.
Therefore  your question has been answered accordingly.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
wife has no right in the property of husband, but she can claim on the property which is bought in her name either singly or jointly. 

you can remove her name from the property because she is only ostensible owner and had no source of income at the time of purchased that she can prove that it was bought by her. 

file a case before the tehsildar for deletion of her name from the revenue record. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0