Can wife ask 50% share from husbands property acquired before marraige????????
Prabhat
(Querist) 03 April 2012
This query is : Resolved
Just 5 months after my wife left me. We got separated since last 10 months & completed 1.3 yrs to marriage.
My honest queries :-
Whether wife can ask for equal share of property which acquired after marriage or acquired earlier before marriage ?
If I have Falt on my name and my parents are co-applicant and we are currently living in that flat how she can acquired the flat or ask us to sell the flat.
Can she claim my fathers/ mothers property too ? I have one married sister too.
Gifting flat to my parents will be worth ?
This new law made all of our family members really panic
If she can do this :(
What are the provision to save my property from my bitter half.
Please do not suggest to don't marry which I already did.
But I assure I will never marry in my rest of life ....
Deepak Nair
(Expert) 03 April 2012
Wife cannot claim equal right on the property of the husband which was acquired before marraige.
As per the latest amendment, the wife is entitled to equal share of only those properties which are acquired by the husband after marriage.
You need not gift the property to your parents. Let the property in your own name. That will not create any issue.
ajay sethi
(Expert) 03 April 2012
the law has to be passed by Parliament . only if amendments are passed will it become law . your wife has right to stay in shared household under DV act . since you are co owner of said flat your wife can claim rights to stay.
try to arrive at settlement and go for diovece by mutual consent
Shonee Kapoor
(Expert) 03 April 2012
Not as of now.
After the law is effected, who knows.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 03 April 2012
Dear Prabhat
no need to worry, first of all i want to inform you that this bill has been passed but not notified in Govt, gazette, it can be depend on this law that this law will be applicable in past cases or not.
feel free to call
Raj Kumar Makkad
(Expert) 04 April 2012
Nothing to add in the already provided wise opinions on all aspects of the query.
Prabhat
(Querist) 04 April 2012
Thanks Deepak sir for made me relax for now. "As per the latest amendment, the wife is entitled to equal share of only those properties which are acquired by the husband after marriage."
But any how if the law comes with more cruelness against men after Bill review in RajaySabha & Lokha Sabha
What will be situation ?
I have Flat of 20 Lakh market valuation.My mother is co-applicant so I 'm owner of 10 Lakh only. I have loan balance 10 Lakh for 10 years duration
Can she claim 10 Lakh of my property ?
One most important query : Can she block my property from saleing by issuing any notice legally ?
Deepak Nair
(Expert) 05 April 2012
She can claim only the right to live in the property and also maintenance. She cannot claim share in the property.
Shonee Kapoor
(Expert) 05 April 2012
The latest amendments have to take effect as yet.
Also therein too, there is no clause of 50% of property. It says share in property to the discretion of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
