• Right in property

Hello every one my name is Ajay. I am doing a small business. I got married with this lady in Nov 2014 she is a welfare officer in ministry of women and child development just after one month of our marriage she started pressuring me to leave my parents and have no relation with my brothers and sisters it was continued till the last day when she left the home in feb 2015 . we had a baby boy in  JANUARY 2015.  she has left the  home in the month of Feb 2015  along with the baby boy and taken all the jewellry and staying with her mother and father. Now she has filled a case for dowary and domestic violence. Few questions i want to ask.

A) I have two properties on my name for both I am paying installments to the authorities can she claim right in these properties?

B) Mere dad ne mujhe aur meri wie ko Feb 2015 main bedakhal kar diya hai can she claim rights in the property which are on the name on my dad and mother? 

C)  I don't want to give any share to her in my property what should I do? Can I sale the property before finalization of divorce or case.

Thanks
Asked 6 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) wife has no ownership rights on these properties 

2) wife cannot claim any share in properties of your parents 

3) you are at liberty to dispose  these properties . 

4) your wife has only right to stay in matrimonial home 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Hi, As per law wife has no right to claim share in the property acquired by yourself or your father. Therefore she has no right to claim share in the property.

2. She can claim maintenance but in your case she is also working so she can't claim maintenance from you also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A.  She cannot claim any rights in your self acquired properties or yor inherited properties during your lifetime.




B.   You either ask a question in English or Hindi, dont mix both the languages and confuse the lawyers to give you a wrong or misleading reply.
Well, she has no rights in your property itself, so she cannot acquire any special rights in your parents'; properties.



C  To retain or sell your property is absolutely your decision, you need not worry about it. She cannot interfere in it. She cannot claim any right in your property nor a share in it. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
1. She has no right in your self acquired properties. The only right she has is to claim maintenance.

2. No right accrues to her to claim a share in the properties of her in-laws regardless of whether you are disowned or not.

3. You are free to sell the property.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Your  wife has no legal  rights on your self acquired properties  and your parents properties. Maintenance is not merely a legal right. It is part and parcel of basic human right. So she can claim only maintenance from you. Contest the DV cases which filed by your wife on merits and adduce evidence infavour of you. But a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. This is a family dispute so try to settle the matter with help of close peoples in the family and safe guard your child future.Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) wife has no right in property standing in name of mother 

2) she can seek alternative accommodation from husband but not maintenance if she is working 

3) you have to pay for child Mantenance 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
She has a right to residence being a legally married wife, but that right can be established in her matrimonial house only i.e., the place where her husband is residing can be termed as matrimonial home.  If you are staying in your mother's home then that can be her matrimonial home, if you stay away from your mother and your mother alone staying in that house, she can very well restrict your wife's entry to that house and can even obtain an order of injunction agaisnt her restricting her entry.
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
Your wife has no right over your moms property. But it is the duty of husband to maintain his wife and children. She can also claim accommodation in shared house or alternative accommodation.The claim for alternative accommodation can only be made against the husband and not against the husband’s in-laws or other relatives.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
A. She can not claim during life time of you, if you died intestate and no divorce is there then she can claim proportionate share with your child.

B. She has no right over the over property of your father and mother.

C. Yes, you can sell the property before any order or decree of divorce, if there is no injunction, so you should sell the property immediately.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
She has the right to residence in the property of your mom if that house is her matrimonial house. If you submit a complaint in her office you will be liable to be prosecuted for defamation.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
contest her cases on merits.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

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