Share of a women

simran singh (Querist) 04 February 2014 This query is : Resolved
Hi. i just wanted to ask that can a women ask for her 1/4th share in the property in which her husband is residing after divorce or during her divorce proceedings?

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Rajendra K Goyal (Expert) 05 February 2014
Act regarding this has not been passed and received consent of President till date.

R.V.RAO (Expert) 05 February 2014
if the property is ancestral property of your husband's ancestors,,your son (if you have a son) will become legally entitled to a share.
if it is a self acquired property of your husband, the will (regd.or unregd. will) made by your husband during his life time will decide the passing of property.

if no will is made by your husband,you and your children will be entitled to equal shares in the property subsequent to your husband.
A divorced wife is entitled to maintenance for self and children. but as of now ,she has no right of property.

T. Kalaiselvan, Advocate (Expert) 06 February 2014
No the wife cannot claim any share in her husband's property either during the trial of the divorce case or after getting divorce also.

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