If working wife can ask share in husband's/Inlaws property?
rahul
(Querist) 07 November 2016
This query is : Resolved
Hello,
My question is if a working wife can ask for her share in property in case of divorce in :-
1) property(House) in name of husband but property purchased by his father in husband's name when husband was a minor. Nobody living in this house. Wife stays in different city and my house is in my hometown which is a different city.
2)Is this good to gift such property by husband to his father/mother in case working wife can ask share in this property or its good to transfer the property to parents?
3) Is there any specific time period after which any such property transfers remain void or illegal after starting of divorce case. Because till now nothing is in court only cwa cell proceedings going on.
Kumar Doab
(Expert) 07 November 2016
She is still your wife.
Wife has no forced share in husband's self acquired/earned property.
Wife is not coparcener in ancestral property.
The court can consider your estate, earning,paying capacity.
Rajendra K Goyal
(Expert) 07 November 2016
1. Wife has no share in referred property before or after divorce during your life.
2. You can gift if you wish.
3. Please refer above replies.
rajeev sharma
(Expert) 07 November 2016
whether the property is a deciding factor in divorce? No matter the property was purchased by your father in your name when you was a minor, you are owner and it is your self acquired property and no one claim any share in it till you are alive. But remember that it will be taken in consideration by the court while deciding on maintenance
Rajendra K Goyal
(Expert) 07 November 2016
A wife has no share in the property of husband during life time of husband.
rahul
(Querist) 07 November 2016
Thanks for the expert advice.
1) Also like to know whether it would be an intelligent step to gift the said property or to transfer this property to my parents name keeping in view that the court can consider it while deciding maintenance for my son(1year old).
2) Can I get the right to keep my son with me, as of now my son is with my wife and Inlaws. They have not even once allowed my parents to see my son. I m living separately from my wife and son from past 9 months due to my wife and my in-laws's violent and torturing behaviour.
P. Venu
(Expert) 07 November 2016
A wife has no right to claim share in the property of the husband or in-laws.
Kumar Doab
(Expert) 07 November 2016
Discuss with your able counsel.
Court shall decide the custody of son.
Devajyoti Barman
(Expert) 08 November 2016
1. Though wife has no share in the proeprty of husband she has right of residence or to encumber it in a proceeding under PWDV Act. So better transfer it.
2. You can file suit for custody of child wherein you would immediately get change to visit the child.
Rajendra K Goyal
(Expert) 08 November 2016
You may gift as advised.
Ask for visitation and custody of your child.
Dr J C Vashista
(Expert) 10 November 2016
Well advised by experts, I agree.
Prima facie the question (not query) is academic and hypothetical.
Property in the name of husband but purchased by his father in husband's name when he was minor...
What is the relevancy or connection of wife working and staying in other town with respect to "Undisputed title" of husband when the property is stated to have been purchased before marriage?
There are number of other inconsistencies and questions qua query raised by author.
Consult a local prudent lawyer with all documents.
Kumar Doab
(Expert) 10 November 2016
The query posted by author with limited information has been responded.
Further share full facts with a very able counsel for a considered opinion.
