Marital property rights in Div
3 weeks ago
I am a 46 yr old Bengali Hindu man, married in 2005. my wife has been a housewife. in 2015 I purchased a flat in Pune in her name but being the only earning member I paid for it from my savings as well as closed the EMI. Also, I opened a PPF account in her name in which I used to deposit the money, now it is worth over 30 lks. I also made several FD, KVP in joint name basically to save tax as she had zero other income & I have taxable salary income.3 yrs back I moved to Bangalore but my wife & children stayed in Pune due to kids' education, I stay in a PG in Bangalore. Last yr kids started staying in college hostel outside Pune. For 2 yrs she has been having an affair Her paramour moved to the flat 1 yr back. My lawyers are saying divorce can be easily got flat, the PPF account KVPs only in her name cannot be claimed for the joint FD, KVPs we can still contest. pls provide your advice as I had done the savings in her name for after-retirement spends
A.Dear Client,
When a Hindu husband purchases property in the name of his homemaker wife without an independent income, it can be presumed to be family property. This presumption is supported by Section 114 of the Indian Evidence Act, which considers such transactions in the common course of events.
Under Section 13(1)(i) of the Hindu Marriage Act and Section 27(1)(a) of the Special Marriage Act, extramarital affairs or adultery can be grounds for divorce. If proven, the court may grant relief as if the aggrieved spouse had filed for divorce.
According to income tax laws, income from investments made in the name of a spouse without income is clubbed with the income of the depositor/tax assessee. Without being a joint account holder or beneficiary, the husband cannot claim benefits from such investments.
To address property ownership concerns, it's advised to file a suit to declare the house property as exclusive, particularly if the husband has contributed to its purchase and the wife has no independent sources of income. It's important to note that the wife is entitled to monthly alimony or a lump sum as per legal provisions, but she does not inherently share ownership of the husband's properties.
When a Hindu husband purchases property in the name of his homemaker wife without an independent income, it can be presumed to be family property. This presumption is supported by Section 114 of the Indian Evidence Act, which considers such transactions in the common course of events.
Under Section 13(1)(i) of the Hindu Marriage Act and Section 27(1)(a) of the Special Marriage Act, extramarital affairs or adultery can be grounds for divorce. If proven, the court may grant relief as if the aggrieved spouse had filed for divorce.
According to income tax laws, income from investments made in the name of a spouse without income is clubbed with the income of the depositor/tax assessee. Without being a joint account holder or beneficiary, the husband cannot claim benefits from such investments.
To address property ownership concerns, it's advised to file a suit to declare the house property as exclusive, particularly if the husband has contributed to its purchase and the wife has no independent sources of income. It's important to note that the wife is entitled to monthly alimony or a lump sum as per legal provisions, but she does not inherently share ownership of the husband's properties.
Helpful
Helpful
Share
A.Dear Client,
When a property is registered in favour of a person through a deed of conveyance, he or she becomes the registered owner of the said property regardless of the fact behind the funding of the property and is considered his/her self-acquired property. However, recently the Hon'ble Allahabad High Court in the case of Saurabh Gupta v. Archna Gupta and 2 Others (Neutral Citation: 2024:AHC-LKO:13664) held that a property purchased by a Hindu husband in the name of his homemaker wife having no independent source of income, can be presumed to be the property of the family. The Court observed that under Section 114 of the Indian Evidence Act may presume the existence of a fact that the property purchased by a Hindu husband in the name of his spouse, who is a homemaker and does not have an independent source of income, will be the property of the family, because in the common course of natural event Hindu husband purchases a property in the name of his wife, who is a homemaker and does not have any source of income for the benefit of the family. Section 13(1)(I) of the Hindu Marriage Act and Section 27(1)(a) of the Special Marriage Act have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by either spouse on the ground that either of the spouse has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. If the extramarital affairs or adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Under the income tax laws, income from money invested in PPF, KVP and other FDs the name of a spouse having no source of income, is clubbed with the income of the Depositor/Income Tax Assessee and without being a joint account holder or the beneficiary of the said accounts, the husband cannot claim its benefits.
When a property is registered in favour of a person through a deed of conveyance, he or she becomes the registered owner of the said property regardless of the fact behind the funding of the property and is considered his/her self-acquired property. However, recently the Hon'ble Allahabad High Court in the case of Saurabh Gupta v. Archna Gupta and 2 Others (Neutral Citation: 2024:AHC-LKO:13664) held that a property purchased by a Hindu husband in the name of his homemaker wife having no independent source of income, can be presumed to be the property of the family. The Court observed that under Section 114 of the Indian Evidence Act may presume the existence of a fact that the property purchased by a Hindu husband in the name of his spouse, who is a homemaker and does not have an independent source of income, will be the property of the family, because in the common course of natural event Hindu husband purchases a property in the name of his wife, who is a homemaker and does not have any source of income for the benefit of the family. Section 13(1)(I) of the Hindu Marriage Act and Section 27(1)(a) of the Special Marriage Act have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by either spouse on the ground that either of the spouse has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. If the extramarital affairs or adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Under the income tax laws, income from money invested in PPF, KVP and other FDs the name of a spouse having no source of income, is clubbed with the income of the Depositor/Income Tax Assessee and without being a joint account holder or the beneficiary of the said accounts, the husband cannot claim its benefits.
Helpful
Helpful
Share
A.Dear Sir,
First file a suit to declare the house property as your exclusive property since you have contributed to purchase the house since your house have no sources. Please understand that wife has no share in your properties but entitle for only monthly alimony or in lieu of the same lumpsum amount as alimony.
First file a suit to declare the house property as your exclusive property since you have contributed to purchase the house since your house have no sources. Please understand that wife has no share in your properties but entitle for only monthly alimony or in lieu of the same lumpsum amount as alimony.
Helpful
Helpful
Share
Read Related Answers
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Divorce
Dear Client,
Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who...
Wrong address
Dear Madam,
You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
live in relationship
Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
