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son1 (Secretary)     13 May 2010

right to residence and / or ownership

Can wife has a right to residence and / or ownership on my self earned property acquired post marraige. We have not lived together in that property, but the property was bought post marraige. The property is in my solo name. A 125 has been filed by her but the proceedings have not yet started.



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 5 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     13 May 2010

no there is no rule  that says your wife will get owneship of yoru property by any law but.

if she assits then you will have to provide for place to reside i.e residence and not ownership.

you can provide also rented home, suitable for her, that can be your mutual understanding.

as of now, no need to worry about ownership of property.

as she will claim monthly compensation and not residence, but if she claims residence then you iwll have to provide place for her to stay and place as owner.

regards.

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     13 May 2010

kindly note that in last advice last sentence mistake is there.

as you have to provide her place to stay and not as owner, you are not suppossed to provide ownership.

Regards

son1 (Secretary)     13 May 2010

Thanks a lot for your prompt reply. The property is in state of Maharshtra. I have not yet registered it. Your kind advice will be very useful considering future possibilties. Should I register the property -

a) under my name

OR

b) under my mother's name

My objective is that:

a)  my wife should not claim her right on the property if she divorces me

b)OR cliams that she would like to reside only in this particular property to harass me or my parents (uses DV etc)

c) should not use this to increase her alimony or maintainance now or in future

Thanks and your kind advice will be really appreciated

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     13 May 2010

well in that case i would like to advise.

register in your name or in second case

register together with your name and your mother name.

"as in case of death of your mother you dont have to go for probate declaration"

Regards

son1 (Secretary)     13 May 2010

Can my wife force herself into a new house in name using DV and create unnecessary problems


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