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Nitin Jain (Software Consultant)     03 February 2011

Wife's rights on a property - 2nd name is hers, funded by me

 

My Wife has second name in the property. What are her rights as we are filing for divorce

 

I have been married for 6 years and we have a 4yr son out of wedlock. I am into business and has made 4-5 properties (commercial / residential) from my own income, all purchased after marriage. Due to irreconcilable differences, we finally decided to take divorce and she initially didn't want anything as settlement. Still I am depositing some amount in her bank regularly for the child. Now after 6 months, just a couple of days before we were going to file the divorce (on mutual terms as per the draft made by her), she backed out and now she wants one residential property in child's name and she be named as custodian. I had offered to  invest substantial amount in child's name in some government bonds / reputed scheme and also to give monthly maintenance to the child. But she wants only property, which most probably she will quickly sell off after divorce and the child might not get the full benefit. Now in all my properties, I have kept a second name ( father's in one residential property in which we live, mother's in another commercial one from where I run my business and my wife's in the residential property which as on date is on rent and  she wants the total property in son's name). However in all, the investment is only made by me. Where do I stand now?  Besides this I have a couple of more properties in my name. My query is

 

1. How much right she has on all my properties, including the one in which I have put her as second name (keeping good faith)? 

 

2. If my parents are living in one property and I live in the other (which has mine and my wife's name), can the court ask me to leave the same? 

 

3  If the wife has not invested / contributed anything in the property, can she still claim for the same, just because her name is there? 

 

4. In case I name the property in minor's name and make my wife custodian of the same, does she gets the rights to sell off the property at her will?

 

5 I wish and intend to settle on a monthly maintenance for wife / child and she is more interested in property. What are my chances in the court of law in India.

 

6. I am ready to pay a monthly maintenenace of around 20-25K to child/wife and deposit a substantial amount for child's future. Now she belongs to a rich family and thinks that this is nothing. Besides she first wants property. Can I ask the court to give me the custody of the child in this case?

 

Kindly help and advise. What shall I do and how to get this matter resolved.



Learning

 22 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2011

Don't offer any property ans also don't tell them that you have any property in your name.

If possible then please ask court to give custody of the child.

Let her live her life on her own ways.

1 Like

Ambika (NA)     04 February 2011

who is he to give or not give, yeah let court decide. 

She will contest, and she will also have strong claims...

She will have claim along with the house if it is joint property

For business profits first use as many names as possible , then want to keep everything to yourself , not fair at all!

And you ask for custody, and you will be given the custody--update us and educate us on how you did it. Was it so easy??? Would your wife behave like a dumb doll?

Jamai Of Law (propra)     04 February 2011

It goes to the person based on individual's  percentage of contribution while acquiring it.

If husband puts 5 lacs and wife put 2 lacs....then accordingly it is split.

 

Court doesn't decide arbirarily.

If husband invest anything in wife's name or in joint name doesn't give any right to her, by default.

 

Ambika (NA)     04 February 2011

Thanks for correcting my understanding. 

So it is useless having a joint property...how a housewife would invest any money when she is not going for a job or earning enough to invest it.

Ambika (NA)     04 February 2011

But she may rightly think 20-25 K is nothing in view of her husband's property and business. Fix deposit in child's name does not serve the purpose of footing bills for his present /future growth in terms of education, health and so on and so forth. 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2011

Instead of looking at the property of husband ,it should be decided what are her geniune needs.

When she is bold enough part ways with her husband then she should be bold enough to work and maintain herself independently.

Maintenance of even a penny should only be given if she is also taking care of husband otherwise no money for free just for enjoying on the money of others.

It is shameful to enjoy on the money of others.It is an extortion.

It is better to marry a girl which is self sufficient.Boys nust marry only well educated and working girls.

1 Like

Ambika (NA)     04 February 2011

where is the question of maintenance when couple is living together....how estranged couple would be expected to care of her husband or wife? 

Maintenance is a teachnical term as such...when the couple is living together , the term used is not maintenance

She is not bold enough...it is a decision of both that they go for mutual divorce

So yes, she should claim for her upkeep...and several judgments posted yesterday by Tajobindia ji on the grounds on which she can claim it....as well as one judgement by Prabhakar sir 

Certainly boys are free to marry well educated working girls, but in this case wife does not seem to be working , so her case would be stronger , I suppose...

Ambika (NA)     04 February 2011

This not a penny argument would not work in the courts, would it? 

Ambika (NA)     04 February 2011

For men it is shame for women it is not so....

These differences are the differences of how one looks at the situation and interprets it...it is not so simple 

Had it been, there would not have been laws to correct this mentality...

Ambika (NA)     04 February 2011

*for men it is shameful

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2011

Ambika Ji,

Please read the replies carefully and then answer once not in scattered manner.

Thanks

Ambika (NA)     04 February 2011

Point well taken Bhaskar ji. will be careful next time on...

Self service (None)     04 February 2011

No law  allows property of husband to be divided.

As per divorce wife is eligible for maintenance - not property share. And it is not for enrichment of wife.

If any joint property shared on basis of money contributed or in exceptional cases where husband can not fulfill maintenance. 

Don't worry keep records of your investment and source of income if she is not contributor but registered as co-owner then she can claim property but court is not going to give blindly. Contribution and ownership are key factor .

Ambika (NA)     04 February 2011

Thank you very much Prabahakr sir. Your reply puts things in perspective. It is this contribution of a housewife and working cum housewife that is not understood by many and hence housewives. I was just wondering how ownership can be questioned but then was not sure  on legal points. 

Thanks for this beautiful posting. 


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