Division of assets in marital disputes

Querist : Anonymous (Querist) 15 March 2010 This query is : Resolved
If husband and wife both are gainfully employed andIf all the assets created/bought during the married life are registered in the name of wife, what will be the rights of husband in case of a divorce/seperation?

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Raj Kumar Makkad (Expert) 15 March 2010
He shall have no right in any of the properties got registered in the name of wife.

N RAMESH. (Expert) 15 March 2010
If he can prove the intention and passing of consideration, the husband can file a suit alleging that it was benami transaction and he remain the owner of the property.

As far as the properties purchased by the husband in the name of wife, the plea of benami is maintainable but it has to be proved with strong evidence.

Parveen Kr. Aggarwal (Expert) 15 March 2010
Yes. A husband can succeed against his wife in getting his assets which were purchased in the name of wife provided he establishes this fact by leading cogent evidence.

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