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SuperNuvos (Own)     21 April 2012

Wife's share in parental property

Hello Experts,

  This is regarding the said subject. I am contemplating divorce from my wife (we both Hindus) after 8 years of marriage. We are based in Mumbai,Maharashtra. Currently, we are staying with my parents at their house. The house is in my father's name and the same has been bought by him couple of years ago.

In case of divorce, can my wife claim a stake in this flat? I have been hearing about some bill that is yet not passed but proposes that wife can claim 50% stake/share in the property acquired by her husband...not sure if that includes the property that may be inherited by me in the future or not. Please spare some of your precious time and pour in your advice on this.



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 April 2012

 

The Supreme Court ruled that the female inheritors would have succession rights and the same liabilities fastened on the property along with the male members.

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.

Adv Archana Deshmukh (Practicing Advocate)     21 April 2012

@ Nuvo

As per the current laws your wife cannot stake any claim on the property in the name of your father or any right in property that the husband may acquire in future. Nor does the proposed amendment speaks of share in the property  to be acquired in future by the husband.

SuperNuvos (Own)     21 April 2012

Thanks to @Rama chary and @Adv Archana...but I am confused with the replies. Both the above replies seems to be contradicting each other. Can anyone of you or anyone clarify the position?

Ranee....... (NA)     21 April 2012

I think Ramachary understood wrongly ..what Archanaji adviced is according to your query.

JANAK RAJ VATSA (ADVOCATE)     21 April 2012

the advice given by adv archana ji appears to be appropriate for your query.

SuperNuvos (Own)     22 April 2012

@Ranee and @Janak...thanks so much for this.

@Archana ji: How about stake in my property? We own a house for which I have been single handedly paying all the EMIs though the house in the joint name. 


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