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charanjit singh   02 September 2018

property

can a wife stake claim in husband's ancestral property during divorce proceeding or after decree of divorce is granted?


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     02 September 2018

Dear querist,

1. Hindu spouse cannot have a right over the self-acquired or ancestral property of the husband or wife in case of divorce.

2.  Only the maintenance amount or alimony can be claimed from the other partner.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Adv Deepak Joshi +917017821512 (Advocate)     02 September 2018

Dear querist,

To protect interests of women after divorce, Marriage Law’s (Amendment) Bill 2010 was passed by the cabinet, which is pending for discussion in Rajya Sabha and some major changes in the women rights are suggested, on how the properties would be divided after divorce. Accordingly, a wife gets 50% share in her husband’s self-acquired property after divorce.

 

Although this law has been severely criticized for being anti-male, the law as it stands now, grants wife a 50% share in husband’s self-acquired residential property. She gets a share in other properties as well but the quantum has not been laid down. “living standard of the wife” is the criteria to determine the quantum of wife’s share in other properties.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

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