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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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 8 Replies

N.K.Assumi (Advocate)     13 May 2010

Yes, as per section 17 DVA shared house hold means the house belonging to or rent by the husband or the house which belong to the joint family of which the husband is a member.

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

VENKS (S)     14 May 2010

Hi son1,

 

My brother is facing DV.  The property is in mother's name.  Our lawyer has told that she cannot claim that.  A wife can claim her share in anything that is in Husband's name.

son1 (Secretary)     14 May 2010

Thanks legal help


(Guest)

1. Register it in "female's in family" name.
2. Under S. 125 CrPC she can't claim right to residence over it but she can always claim "equal status" under this statute as maintenance head.
3. Under DVA if already filed and you not aware of it then "reigstration in family female's name" will not entitle her to its "rights" but will entitle her "equal status to residence".
4. Here in above situation (once you discover DVA filed against you but summon not served upon you) follow para 1 asap as well as take on rent on your name a low cost dwelling to safeguard "equity" status under this statute and will help you during written statement / reply filing.
Rgds


 


 

son1 (Secretary)     14 May 2010

Dear D. Arun Kumar, Thanks I'm not able to understand your reply completely especially the point number 1 - "female's in family". But I'm sure you have absolutely understood my problem. Can you pl. find little more time and explain in simple language and little exhaustively. Thanks again.


(Guest)

1. With respect I suggest (read as 'I say') to contact / consult a good family court lawyer in your city.
Disuss your current situation and tally his advise with above suggestion. This is answer to your que. seeking "exhastive answer"
2. "Females in family" means your mother / sister / aunt etc. Transferred property in their name she can't touch as per SC binding law.  This is answer in simple layman's language.
3. Understand simple english in para 1 n para 2 if still not satisfied then follow this replies para 1. For the sake of minding, be that so it may be, a layman having received basic answers to his question from this fantastic interactive forum "must" approach a advocate / lawyer in his area and by meeting their professional fees have exhastive consultation to your satisfaction and/or buy Bare Acts and also subscribe to various law journals and start a journey on legal studies and/or search LCI portal to find nearest advocate / lawyer in your area for the purpose of paid consultation and/or just read past 500 mails here on S. 125 CrPC / DV Act to gain own knowledge (means to understand the issue in hand).

Yes, I did understand your problem hence mildly suggest you above follow-up.

Rgds

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 July 2010

Dear Author,

B4 replying I want to know that under what circumstances the wife had left the company of the husband. For clarification and help and more inquiry u can call me at 9871158578


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