Property share
5 years ago
In 2017 we bought 2 acres of land for 2 brothers. On which is the name of both of us. Big Brother got married in 2017 Now my big brother's wife wants marriage to be registered in the court. And then she wants to get a divorce. Can she take his right over that land after registration of marriage? Is there any legal claim on that land? Are we bound to give her share? Please help us by giving proper guidance! Thank you
A.She cannot claim a share of that particular land as of a right, what she asks and gets as alimony your brother may be able to pay up in the form of money itself. But it appears that she has not yet filed for divorce, and for that it is not necessary for her to get their marriage registered.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.I agreed with Mr. Robert sir. You can hire vidhikarya lawyer for proper legal resolution. Kindly visit lawyer's chamber with all documents.
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ROBERT D ROZARIO
Responded 5 years ago
A.Under Hindu Succession Act 1956, a married woman can inherit her husband’s property only after the death of the husband, provided the husband dies intestate. What this means is -
(i) wife does not get an automatic right to her husband’s property upon marriage & husband should not have expressly excluded or denied her share in his will.
(ii) Even in case of husband’s ancestral property, wife does not have the right to it unless and until she inherits from the deceased husband.
However, a wife gets 50% share in her husband’s self-acquired residential property after divorce. She gets a share in other properties as well but the quantum has not been laid down. “living standard of the wife” is the criteria to determine the quantum of wife’s share in other properties.
For example:
‘A’ marries ‘B’. ‘B’ being the wife. ‘B’ does not have the right to ‘A’s property during his lifetime. She inherits her husband’s property only after his death alongwith the legal heirs unless otherwise expressly mentioned in the will of the deceased.
‘B’ divorces ‘A’ by mutual consent. ‘B’ has the right to claim 50% of ‘A’s property after divorce.
Every case is different from the other and has its own merits. Let the Court decide. Engage a local lawyer from Vidhikarya for further guidance.
(i) wife does not get an automatic right to her husband’s property upon marriage & husband should not have expressly excluded or denied her share in his will.
(ii) Even in case of husband’s ancestral property, wife does not have the right to it unless and until she inherits from the deceased husband.
However, a wife gets 50% share in her husband’s self-acquired residential property after divorce. She gets a share in other properties as well but the quantum has not been laid down. “living standard of the wife” is the criteria to determine the quantum of wife’s share in other properties.
For example:
‘A’ marries ‘B’. ‘B’ being the wife. ‘B’ does not have the right to ‘A’s property during his lifetime. She inherits her husband’s property only after his death alongwith the legal heirs unless otherwise expressly mentioned in the will of the deceased.
‘B’ divorces ‘A’ by mutual consent. ‘B’ has the right to claim 50% of ‘A’s property after divorce.
Every case is different from the other and has its own merits. Let the Court decide. Engage a local lawyer from Vidhikarya for further guidance.
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A.A Married woman has rights on the property along with her husband and she will get a legal right on that regardless of marriage registration or not as long as she can prove that she is married to your brother.
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