Kaushik Chaudhary 01 April 2018

Property and Divorce

Does a woman has right on jointly owned preopert between Father in Law and Husband? What if Husband is primary applicant and his father is co-applicant (home purchased with home loan) In this case, Does wife gets share after divorce, wherein the property in still under home loan? Please advise.

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6 Replies

Vijay Raj Mahajan (Advocate) 01 April 2018

No wife has no right to claim or get any share in the property of her husband or father in law. No judge of any court order to give share in the property as nothing is provided under the Hindu Marriage Act or the Special Marriage Act or for that reason any matrimonial law prevailing in India. The previous Congress government in center was planning to bring amendment in the law for giving the wife share in the property of her husband at the time of delivery but that law could not get passed in the Parliament, so all husbands for now in India are safe.

Vijay Raj Mahajan (Advocate) 01 April 2018

No wife has no right to claim or get any share in the property of her husband or father in law. No judge of any court order to give share in the property as nothing is provided under the Hindu Marriage Act or the Special Marriage Act or for that reason any matrimonial law prevailing in India. The previous Congress government in center was planning to bring amendment in the law for giving the wife share in the property of her husband at the time of divorce but that law could not get passed in the Parliament, so all husbands for now in India are safe.

Chandan Chandan 01 April 2018

As per my knowledge , you can claim right over your husband's share.

Kaushik Chaudhary 01 April 2018

I don't understand this the only home we have and father has spent his life's earnings in buying it. However, my wife has her own comfortable parental house. If I do ask my parents to leave from this house then, they have no place to go. This is not fare...

Kaushik Chaudhary 01 April 2018

I don't understand, this is the only home we have. My father has spent all his life's earnings in it. Wherein, my wife has a comfortable parental house. Now, in case we get divorced and my wife gets this home too then, where are my father's right of holding up-to his own property.? Secondly, if my parents leaves this house they have no place to go. How dare is that?