Monday, December 28, 2009

Can a wife in India claim rights on the husband's individually owned property?

Hi, My father has given this property to me after 2 yrs of my marriage. I am not happy with my wife %26amp; have discussed for divorce but she isnt ready to divorce me %26amp; has an eye on my property. Can she claim right even if I am not willing to give it to her.Can a wife in India claim rights on the husband's individually owned property?
Your wife in India has NO right over any of your self owned property till you are alive,she has right to monthly maintenance from you if she has no source of income for her maintenance, she has right to residence from you whether while staying with you in same premises or another premises (in such case you have to provide it on rent or otherwise), she has right to live with you %26amp; continue conjugal relationship with her, however this you can refuse if you have decree of judicial separation against her, she has right to seek %26amp; have physical custody of minor children %26amp; she has right to claim all her Stridhan brought by her at the time of marriage along with get her share in the jointly owned property which you both got at the time of marriage. This property in question was given to you by your father %26amp; that too after two years of marriage. The title of this property must be in your name or there must be some record showing the property stands in your name only %26amp; not in joint name with your wife. Considering all these facts %26amp; the legal position ,your wife has no right over this property, however she can always seek relief as far other rights I have mentioned here so be careful about those.Can a wife in India claim rights on the husband's individually owned property?
Marital property is generally considered to be all property acquired by a couple during their marriage or earned by either spouse during their marriage. It is all property owned by the marital estate. Generally, gifts or inheritances to either spouse along with any money or property earned prior to the marriage are the separate property of that spouse unless it is somehow ';converted'; into marital property.





In most states, the character of the property in question is determined by the nature of the property itself, the nature of the event giving rise to the need for the particular characterization of property ownership, and the manner, agreement, and instrument by which it was acquired. If the event giving rise to the need for the characterization is divorce, a set of rules will apply to each portion of the marital property, depending on how it was acquired and what kind of property it is: bank account, primary home, automobile, real property, etc.





To be sure, consult your attorney for specific legal advice in your specific matter......
There are several questiosn that you need to answer before we can advise you on this problem.





as far as I understand from what you have said till now, the property was given to you by your father after two years of your marriage.


My query is, was this the same property where you brought your wife after marriage? if yes, then this is a matrimonial house and she has a right on it. If No, then this claim can be contested that its the In-law's property and as per SC's ruling in Batra vs Batra, a daughter in law, does not have any right on the In-law's property.





My dear friend (the Lawyer) who has replied to you before me might be interested in this topic too. What he says is also right. But he would also agree that we need more clarity on your situation. right brother?
i dont think so. the wife may claim and succeed in alimony. but i dont think that she can have right on property. please note that i am not exper nor empowered to give a valid opinion. please consult a professional.
She can claim property as well as get monthly maintenance from you and even some cash as compensation. However it depends upon COurt's decison but she has right on all
SELL YOUR HOUSE BEFORE THE DIVORCE PETITION, TAKE THE MONEY AND STASH AWAY - YOU BLOODY FOOL?


MOANING ABOUT A NASTY WIFE?
What are the laws. Check it out. I got burned before because I didn't check the laws.
she has right

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