Mrs . Shanta Rani (Housewife) 23 May 2012

Share of women in husbands ancestoral property?

I am planning to separate from my husband on a mutual consent basis after a 20 plus years of marriage. I also have a son who plans to continue staying with his father. My son’s age is 22 years.

During our years of marriage, my husband self acquired 1 flat in Mumbai with his own resources and inherited 2 floors of plotted property in Delhi. While the Mumbai flat was paid for by my husband, on the records it is jointly held by my husband and me. Currently, we are staying in Delhi and I plan to return to occupy my Mumbai flat be filing for separation.

Though, I am expected to also inherit my father’s property, my question is:

A) What can I expect from my husband’s side as part of settlement ( Just 50% of the flat in Mumbai or more)

B) How can I get more and what maximum can I ask for?

C) What would be procedure for sale , if any?

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8 Replies

(Guest)

Why your son is not interested to come with you is he greedy of his father's money?

It seems your son is also not a good son.

Why you waited for 20 years in hell if your husband was not good(because you want to divorce hime)?

If my above assumptions are wrong you are going to loose in place of gain.

A) What can I expect from my husband’s side as part of settlement ( Just 50% of the flat in Mumbai or more)

Ans: You can not get 50% as it not a rule as of now wait for some time so that parliament pass that bill

You can get residential rights.

B) How can I get more and what maximum can I ask for?

Ans: If your are not well qualified then on the basis of your husband earning you can get good maintenance amoumnt (that can be one time also)

C) What would be procedure for sale , if any?

Ans: If you are not the owner where is the question of sale?

(Guest)

Correction is above reply

As stated by you "on the records it is jointly held by my husband and me. "

So you can get the share on the basis of records.

(Guest)

@Mrs . Shanta Rani

I read your other queries too.

Want to ask that are you a lawyer who is asking all these queries on behalf of your client?

bhima balla (none) 24 May 2012

Originally posted by :Sameer
"	B) How can I get more and what maximum can I ask for? Go and plan a robbery ... thats what can only satisfy ur greed !!! GWS :-)	"

Good question !!!!

I think the government in its wisdom must make women unaccountable for robbing jewellery stores or a bank! Parliament should pass laws to make it legal. Unbelievable!!

My new slogan- 'Women good, Men bad'

Manoj Kosi (Teacher) 24 May 2012

You do not wish to stay with your husband - you MAY not be a good wife.

Your son does not wish to stay with you - you ARE not a good mom.

I wonder why you took this decision after 20 years. Why it took you so long to decide that you do not want to stay with your hustand?

bhima balla (none) 24 May 2012

Interpretation only!

1) She is a bored housewife.

2) She wants to live her life.

3) Can get away from responsibility of being a wife and mother.

4) The laws have provided a way out through DV and if need be 498a (if husband a stubborn headstrong i.e self respecting guy!)

5) Can take a chunk of his hard earned property of her husband and enjoy her parents property as well- and live a life without responsibility, legally!!!!

Great!!!!!!!!

And the MPs have the audacity to talk about how great this country, culture is??? If this is the great culture it scares the hell out as to what it means to be uncultured???!!!

I know!! being good, being righteous is the new uncultured!!!! Being a gentleman is uncultured!!!

Ranee....... (NA) 25 May 2012

all people always term us time pass.But what all these people are doing herer except time passing?

Querist should not be asked quetions with prejudiced mind!Expert and prudent people say so!

Tajobsindia (Senior Partner ) 25 May 2012

Originally posted by :Mrs . Shanta Rani
"	"20 plus years of marriage. I also have a son who plans to continue staying with his father. My son’s age is 22 years. During our years of marriage, my husband self acquired 1 flat in Mumbai with his own resources and inherited 2 floors of plotted property in Delhi. While the Mumbai flat was paid for by my husband, on the records it is jointly held by my husband and me. Though, I am expected to also inherit my father’s property, my question is" ------------------------------------------------------------------------------------------- A. What can I expect from my husband’s side as part of settlement ( Just 50% of the flat in Mumbai or more) Take: Actually this is difficult que. to answer for a reason you have not challenged him in court of Law with certain set of facts. Even presuming you do as you say so in your brief the Mumbai flat share you will not get as you are ostensible party. Mumbai HC has very beautiful definition of such ownership in few cases of more or less similar kind between Husband and wife. Also one should never under estimate once opponent that is Art of War of Roses. The moment he gets to know you are filing some case for separation / divorce blah blah he will come to court prepared reason being he has spent some two decades with you plus he may also be reading the media reports about property share controversies currently being horly debated as per proposed Hindu Marriage (Amendment) Bill, 2010. Plus other personal factors whose special knowledge only spouses have. B. How can I get more and what maximum can I ask for? Take: Difficult to put legal opinion on a silver plate and offer to a query at such vacuum stage is my opinion. Reason being read above take and couple it with Succession and Hindu law facts that inherited property your son may get a share if he demands for it but then you are saying here that your son has plans to live with his dad so it will be a empowered Sita's leap to patao your son to rebel against his dad to get you more at this vaccum stage is my view to this question. C. What would be procedure for sale, if any? Take: Which property sale you are asking us?. If it is Mumbai self made one jointly registered one then both are co-owners so you cannot approach Ambani's unilaterally to sell your alleged (controversial) share just like that!!!! The Delhi properties are inherited by your husband and currently you have no role in it so those also cannot be put on sale just by you. If you are asking in reverse engineering way which normally about to go to Court ladies ask us in chamber, that after 22 years of marriage one fine blue day you take Air Indigo and fly to Mumbai and from there you showcause your husband some legal notice by which then your husband will take some sashtang dandavat pranam and give you his signature for SALE then my experiences says, not possible at vaccum stage, but then you are his wife so some dark secret you are holding on to who knows he may actually do so, but do let us know after SALE what was that secret which made him come to his knees J Independent observation: I am personally glad that both genders are waking up or shall say have been stirred to their bums hearing everyday about the proposed law where chances of giving 50% property is proposed BUT IT IS STILL NOT YET LAW but good questions rollign here I must say.	"