Distribution of immovable and movable property between divorced wife and husband
binod chouwdary
(Querist) 20 April 2012
This query is : Resolved
wife obtained an exparte divorce from USA althoug citizen of India.Having two children one is already married other an adult.
In that situation what does the indian law provide with matters pertaining to immovable and movable properties purchased while the marriage was intact and going good.
please experts provide all the details including any book/books to refer to.
Really appreciate the great advise and knowledge you provide to the public who are suffering because of lack of clarity.
Shonee Kapoor
(Expert) 20 April 2012
If the property was a joint property in India, the same can be distributed by putting an application u/s 27 of HMA.
Otherwise there is no provision for distribution of self acquired property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 20 April 2012
Both are assumed to be the equal share holder of properties if both of their names are there in the properties.
Best way to do is either to sell the properties and divide its sale proceeds.
If not then either one may execute Release Deed in favour of the other on receipt of consideration for her due share in it.
