Share in self aquried property
vaibhav
(Querist) 06 November 2016
This query is : Resolved
Hi, wife and myself separated for last one year but divorce not yet filed.have 6 and 3 years daughters.wife doctor presently staying in rented house .rent of same Is beared by me.now I m purchasing a property in my name throughly on my income. Query : can wife claim any right on same in anyways
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.
Advocate Bhartesh goyal
(Expert) 07 November 2016
Wife has no right to claim any share in husband's self acquired property during his lifetime but can claim maintenance for her daughters.
rajeev sharma
(Expert) 07 November 2016
You ae living separately for quite some time and none of you has filed a divorce this shows that there is a chance of reconciliation my humble try it for the sake of your children.
your wife may not claim any share in your self acquired property but if no divorce takes place she may inherit a share in the property along with your daughters.
if your wife claims maintenance then yyr income and wealth will be kept in consideration by the court.
Rajendra K Goyal
(Expert) 07 November 2016
Agree with the expert Advocate Bhartesh goyal.