Torque9409 (Business) 25 December 2015
SAINATH DEVALLA (LEGAL CONSULTANT) 25 December 2015
Can U mention the source from where the property was purchased? If not the matter is not that easy. If the property has been purchased by the entire amount of husband but he has gifted it to the wife by registering the property in her name, he cannot reclaim it as once gift is given, it is irrevocable. Next, if the husband proves that every paisa gone into the property is his own, the wife can challenge such proposition in three ways - (1) she has brought dowry and some part of dowry has gone in purchasing property (2) she is a working woman and husband used to take her income and deposit it in his account and through his account the money has gone in purchase of property, so even though the money has gone from husband's account, it shall not be treated that the entire amount was earned by him. (3) If she is a housemaker, even though she is not earning in monetary terms, she can ask the court to value the domestic work she is rendering while ascertaining the origin of money in purchse of the property. If the housemaking does not have any monetary value, the house wives who put all their hard work in homes become paupers without having ownership of any immovable property or survive at the mercy of their husbands' benevolency. That is why, in this world, even though half of the population is women and they render 2/3rd of the total work, their ownership on the property is only 1/5th.
As she has got title on the property, prima facie the case is in her favour and the balance of convenience is also in her favour.
These are my views,wait till the other legal experts reply.
saravanan s (legal advisor) 25 December 2015
no rights can be claimed over the property as it is her self aquired property
Torque9409 (Business) 25 December 2015
Kumar Doab (FIN) 25 December 2015
Husnabnd and wife have no forced share in self acquired/earned proeprty of each other.
Advocate Bhartesh goyal (advocate) 26 December 2015
Advocate Bhartesh goyal (advocate) 26 December 2015
Torque9409 (Business) 26 December 2015