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
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
(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.
Anonymous
Replied 5 years ago
Thank you very much for giving your valuable time. But I want to know that even after divorce, does she have the right to our property? Because she is money seeker and she trapped my brother for property and money only
Abhimanyu Shandilya
Replied 5 years ago
I do not have all the answer for this part as the laws are changing for divorced women. My understanding is that lawmakers are thinking to allow to have the rights on property for divorced women too as long as she is not marrying again.
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