Can my divorced wife claim share in my property or in my father's
Muthuraaman
(Querist) 01 March 2014
This query is : Resolved
Hello,
Pls. clarify my doubts.
I have applied for a divorce from my wife on cruelty grounds.I have the divorce case pending for nearly 1.5yrs, and she has maintenance and restitution of conjugal rights pending. I was working overseas, I just left my job and now in India to settle these cases. In her maintenance petition she has mentioned about the land which I own by myself. Kindly give me your expert views, does she can make claims in my property while getting her alimony or still she can make claims in my properties even after getting divorced and also in my father's property. Thanks. - Dr.MB
ABDUL RAZIQUE
(Expert) 01 March 2014
As per coming new law if came in action you bound to give share in your property either it is inheritance or your purchase property. but now you can live without tension.
Devajyoti Barman
(Expert) 01 March 2014
Till now there i no law by which your wife can claim share in your father;s property.
Muthuraaman
(Querist) 01 March 2014
Thanks for your replies Sirs. I heard from my friend that a recent Supreme court judgement about maintenance was passed stating to give 50% in husband's share. If you knew about that judgement could you pls. advise me. In my case, presently I am unemployed and she is having a job now, but she denies it. And also we don't have any issues. Thanks.
prabhakar singh
(Expert) 01 March 2014
It is not clear who are you? An unemployed husband sufferer at hands of your wife or a donor to a trust seeking it's membership through an other query.
prabhakar singh
(Expert) 01 March 2014
Just now there is no such judgment you heard about from your friend.
Guest
(Expert) 01 March 2014
Well advised.
Biswanath Roy
(Expert) 01 March 2014
According to present position of law your wife cannot claim your property and after divorce also she cannot claim share in your father's property.
Rajendra K Goyal
(Expert) 01 March 2014
Well advised, agree with the advise of expert. Till date such law has not come into force.
Devajyoti Barman
(Expert) 01 March 2014
I am not aware of such decision. Why don't you ask your friend to provide copy of such decision?
Muthuraaman
(Querist) 02 March 2014
Thanks for your replies Sirs. I will enquire my friend about that decision. Thanks.
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
The experts have advised well on the issue, I endorse their views reiterating that there is no such law at least till today stating that the wife (regular or divorcee) has got any rights in the property of her husband or her father in law.
Muthuraaman
(Querist) 03 March 2014
Thank you Sirs for your information and advise. Thanks.
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