• Property dispute

I am an indian citizen residing in australia me and my wife heading for divorce , can she claim my property in india
Asked 4 months ago in Family Law from Australia
Religion: Muslim
Under the present law prevailing in India, to amend which a bill is gathering dust in the Parliament, wife has no share in the movable or immovable property of her husband regardless of whether it was purchased before or after marriage.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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1. Since it is your self acquired property, your wife is not entitled to have a claim on it.
2. Being the owner of the self-acquired property you are at liberty to do anything during your lifetime.
3. No body else other than you has Absolute Right over the property.
Shashidhar S. Sastry
Advocate, Bangalore
1276 Answers
64 Consultations
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wife has  no share in husband property in india 
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
5.0 on 5.0
you are absolute owner of property . 


you are free to dispose the said property . 

wife cnanot claim any share in said property 
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
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file for divorce by mutual consent 

in consent terms annexed to divorce petition mention that wife shall have no share in husband property in india 
Ajay Sethi
Advocate, Mumbai
26014 Answers
1415 Consultations
5.0 on 5.0
Hello, 

I need to know following things to answer this query:
1. Where was the marriage solemnized.
2. Under which law
3. Is your wife from India?
4. Your religion and your wife religion?

Thanks and regards
Anilesh Tewari
Advocate, Lucknow
55 Answers
0 Consultations
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1. She can not claim any right, title and interest in your properties after obtaining divorce as per India law.

2. As per Indian law, wife  can not claim share in her husband's  property even staying as his wife, during his lifetime and can claim her share only after his  demise as his widow along with his other legal heirs like mother and children.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0
No. She can not claim your property in India as explained in my earlier post after her divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0
She can not claim your property situated at India in any way from anywhere in the World.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0
1. Your property in India can not be taken away by your divorce wife legally.

2. Relax.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0
There is no provision in law by which a divorced wife can ask share of her divorced husband's properties in India.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0
1.As per USA Law, the divorced wife gets equal share of husband's properties which was acquired by the husband after their marriage.

2. In India it is not so.

3. Your wife will not get any share of your properties located in India after divorcing you.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
5.0 on 5.0
I am an Indian citizen residing in Australia me and my wife heading for divorce , can she claim my property in India

If the divorce proceedings are going on in India she cannot claim rights in your property, if it is in Australia, then if she has not contributed for the purchase of property after marriage then she may not be eligible for a share in the property. 
T Kalaiselvan
Advocate, Vellore
16391 Answers
153 Consultations
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Property is on my name can she claim from india

She cannot generally claim a right for a share in it 
T Kalaiselvan
Advocate, Vellore
16391 Answers
153 Consultations
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I am citizen of india residing in australia me and my partner heading for a divorce can she claim property of mine in india from australia

She cannot claim a share in your property in India from Australia or even coming back to India. 
You have to state whether the divorce proceedings is going on in India or in Australia. 
T Kalaiselvan
Advocate, Vellore
16391 Answers
153 Consultations
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How can i save my property in india

You can transfer this property in the name of your mother or any other close relative in the form of gift or settlement deed. 
T Kalaiselvan
Advocate, Vellore
16391 Answers
153 Consultations
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Please give me guidelines how can i save my property in india

If your property in India was bought after your marriage then you should ensure that she never contributed for the purchase of this property in any manner.  Of course this shall be applicable only if you have filed the divorce proceedings in Australia or if the proceedings in Australia has a mention about this property in her counter to your divorce case. 
If the divorce is going on in India then there is no harm to yor property and it can be considered as a very safe because as per Indian laws there is no claim on individual properties in the divorce proceedings against each other hence she cannot claim a share or right in the property that is belonging to you and lying in India or elsewhere.. 
T Kalaiselvan
Advocate, Vellore
16391 Answers
153 Consultations
5.0 on 5.0
Guide me in this issue

You may visit my previous posts where I have given an elaborate explanation to this. 
T Kalaiselvan
Advocate, Vellore
16391 Answers
153 Consultations
5.0 on 5.0

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