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life is beautiful (homemaker)     22 May 2012

Can wife demand share in property if husband transfers it

My husband has left me for other women.I came back to my parents house one month back.My husband has not filed for divorce yet .I learned that he has transferred his flat taken on loan and residential plot taken 4 years back in his mothers name.In such case am i entitled to share in property?



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 1 Replies

Tajobsindia (Senior Partner )     22 May 2012

@ Author

 

1. NO.
2. The issue here is of “transfer of self acquired property by a husband”.
3. Fact here is that party neither says that the properties were “nominated” to a child.
4. Fact of the matter is that there is no ‘divorce suit pending” before floor of a Family Court. There is no ‘bigamy’ complaint also before court.
5. Fact of the matter also here is that the author has said that the properties in question are “transferred to his mother” and not “nominated to a child of the parties” which makes huge difference to say either Yes or No in opening of this reply as to rights of a wife on properties of husband via “nominated child”!
6. Material fact here is also that the moment this author came to know of her husband extra marital wanderings she should have filed for divorce where family court would have ensured decent compensation by way of alimony looking into hardships she meets. But today the tables have turned unfortunately (there is no divorce / bigamy case pending + the properties which are self acquired by a husband are already transferred).
Reasoning:
Wife cannot claim her share during the life of her husband. She can claim her share through her children if any. If the properties are husband's self acquired property then he can dispose the properties according to his wish and will. The Amendment 2010 in Hindu Marriage Act is yet to come so it leaves a damper to your question before us.


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