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ram kumar (manager)     04 February 2013

Husband property share

Dear Sir/Madam,

 

I am an NRI  and I have filed a divorce case against my wife on the grounds of cruelty in India, the case is ongoing still. I have filed it in 2011.

My question is, can my wife claim for a share in my property here in USA? I have purchased this property on a bank loan,which I am still paying and the property is on my name only.

Thank you in advance.



Learning

 3 Replies

Sanjeev (Lawyer)     04 February 2013

no she cant claim it there are no rights of wife on husbands property

Advocate M.Bhadra   04 February 2013

Wife can not claim property right during the life time of husband and after divorce,in your instant case the property is situted in USA and concerned laws are diffenrent from India,so there is no question of property right.But she can claim maintenance and residence right in India,in default of maintenance the Court can attached husband's property in India if any.

ram kumar (manager)     04 February 2013

Thank you both for your replies. Minansu, yes, I have a residential land in my name, will that count? However I have given the Power of Attorney to one of my relative, nothing else is on my name. Can I avoid maintenance? If I can prove that I have no saving here in US, will that be taken into account? Moreover, i lived only 6 months with her and have no children.

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