Wife right on property in husband name

As per Indian Succesion act a wife has primary rights in the property of her deceased husband. A wife can acquire her husband's property by execution of law under indian succesion act on death of her husband. However, wife can also acquire husband's property by act of person i.e her husband not being dead through conveyance deed or sale deed of such immovable property. A wife cannot acquire her husband's property untill and unless her husband being the owner of the property having gud title conveys such title and all rights related to the property to his wife through sale deed. 

In other words Wife has no rights in husband's property if her husband not being dead is solely the true owner of such property. She can neither cliam any rights nor she can acquire that property legally till her husband is alive and till her husband being alive conveys that property to her. 

In your case as the property is in your name and you are paying the EMI of your residential flat your wife cannot legally acquire such property. However to avoid any future dispute I would suggest you to make your Will and get it registered. Through that your property will be conveyed only to those whom you wish to convey after your death. And if there is no Will, your property distribution would be governed under indian succession act (intestate succession- where there is no will) where your wife will atomatically get the hold of your property

For your reference you can go through this link below. In that u can go through Part 5- chapter 2 - rules in cases of intestates other than parsis. for knowing the law of property distribution when there is no will. and then you can refer to part 6 - chapter2 will and codicils. For knowing making of will and different types of wills

https://www.lawzonline.com/bareacts/indian-succession-act/indian-succession-act.html

Any other comments or reviews are invited please. That will increase my knowledge on this topic.

Thanks Khushboo Mam for your reply.

I think it would be best deal to get Will raised and get it registered. However, she keeps threating me for false allegations and can file a case on me. Is this possible that she would get a stay from court on the property and then stay there for ever, making my life hell. I have heard that legally a wife have rights to stay on his husbands property and if she file a case of any false alleagation such as DV, 498a then she would take a stay through court to stay in that property, throwing me out. Please let me know what can be done in that case?

Yes Sir firstly, i would suggest you to work out on making your will. Get it registered and have the probate in safe custody.

Secondly , as far as any false allegationa made by your wife that can be investigated.  For that you can file a complain against her in police station and insist on for carryng out investigation about such allegations made by her. I agree as she is lawyer she can very well mould the case to her  advantage but u can also file a counter claim against her in the court about the falsity of such allegations through a gud experinced lawyer

I would suggest you to personally take some advice on this from an experinced lawyer. That would also help you in making your will and you can take advice from them on this issue as well. You can try finding some good lawyers by contacting at justdial (tel no.- 8888888888). Or you can find them through you any frnds or coulegues. And just to share for your information I am yet to become a Lawyer and am 2nd yr student of LLB. 

Hope you get your problm  solved at the earliest. Wish you gud luck

Many thanks Khusboo for your inputs. I will check if I can get some further opinion on this. Hoping some more inputs through some more experts on this situation.                                                                                                                                                                           

under Domestic Violance Act ,  wife can claim residence from her husband.

but under New  HMA which is yet to come in force,

A wife can demand share in property of her husband.

but as of now the Act is not passed.

I am also in same situation.

Flat is on my name.

I have filed divorce 1.5 yrs back.

Recently I came to know that my wife added her name on 8A Extract Khate Utara without my permission.

Is it legal? How she managed to add her name?