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Ramo (NA)     13 January 2013

Parents property in case of divorce

Dear Sir,

I am living in my parents house which is registered in their name since more than 10 years.

After marriage me and my wife was living in the same house.

My question is that in case of divorce, can my wife put a claim on my parents property.

Thanks.



Learning

 5 Replies

Tajobsindia (Senior Partner )     13 January 2013

The replies are;

1. NO she has no claims over In Laws property as in 'her share' during a divorce case.
2. She also do not have any right –to- residence in a DV Act, 2005 proceeding provided the husband shift now to an rented place before she even institutes a DV case upon him and in current divorce proceeding submits a changed Memo of Parties by way of affidavit showing rented place as official correspondence address of his for any Court related matters.

 

Sudhir Kumar, Advocate (Advocate)     13 January 2013

Wife - No

Children representedthrough wife  _ yes

sridhar pasumarthy (ADVOCATE)     13 January 2013

A divorcee lose all her rights over the property of husband and his relations as soon as a decree of divorce became final.

Tajobsindia (Senior Partner )     13 January 2013

Originally posted by : sridhar pasumarthy
 
A divorcee lose all her rights over the property of husband and his relations as soon as a decree of divorce became final.
 


I differ to above opinion.

Reasoning:

 

1. Divorce wife still has rights -to- residence under DV Act, 2005 if specifically she has not given up residence rights post her divorce. Case laws exist.

 

2. Divorce wife still has rights to seek share of property as natural guardian to child(ren). Case laws exist.

 

Both above are highly underutilized effaces remedies non related to main thread post and is shared with ld. brother as additional input, whereas main thread post reply already given in my first message above.

sridhar pasumarthy (ADVOCATE)     13 January 2013

With due respect to the Ld. Tajobsindia,

I mean to say that wife's right to succeed to the property of husband and his relatives will be lost.

The queriest did not mention about the existence of children.  Anyhow, she will have no personal claim over the property of the husband, even as per your suggestion.


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