Rights of wife on husbands property
4 years ago
Hi Team,
On me there are multiple cases are running like 498a, DVC and MC. Here my concern is can my wife have any right on my Ancestral and my self acquired property. I have one house at my native please which was gifted from my grand mother to me and one more open plot which is self acquired one. So how to secure my property. Is it okay to be on my name or else shall I gift to mother or perform a dummy sale agreement on any of my most trusted relative (but here it cost the registration charges) please suggest.
Note : 1.5 years of marriage and no kids
Be informed that wife has no right on your self acquired or ancestral property. Her right is limited to get monthly maintenance or alimony depending upon your annual source of income and income of the wife also will be considered by the Court.
Anindita Chakraborty
Responded 4 years ago
Sushama
Responded 4 years ago
Your wife having right on your self acquired property.
Rameshwar Dadhe
Responded 4 years ago
Shreyash Mohta
Responded 4 years ago
As per Section 125(l) (a) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Here ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
The wife for the purpose of the section may be of any age—minor or major and means a legally married woman. The legality of the marriage would be governed by the personal laws applicable to the parties. If the fact of legally valid marriage is disputed, the applicant will have to prove marriage.
Under Section 125(l)(a) of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty.
The onus is on the wife to establish that she is the person concerned for the right to maintenance under Section 125 of the Code.
She can seek maintenance for her minor children from the ex-husband too, if he is the biological father.
However, she has no rights over the ancestral property or self acquired property of her ex-husband. Her children from that ex-husband may have rights over the property if the same is ancestral or if their biological father dies without making any will.
Having that said, A married woman has to be provided with shelter and maintenance by husband after the divorce. If she is a member of a joint family then she will be entitled to equal share of the husband, jointly with his mother and her children(after his death).
Make sure your wife is not a member in any HUF or any property which comes under HUF. If that is the case then the wife can claim proportionate share.
Thanks
Adv. Shreyash Mohta
Abhinav Dahiya
Responded 4 years ago
Suneel Moudgil
Responded 4 years ago
2. suppose, if you transfer the same to your mother or any of the close relative friend and he/she became dishonest or say expired (life is uncertain) then you will lost the property,
3. similar happen with one person who transferred the property to her mother and she died after 2-3 months and now the other siblings are claiming the property,
4. You are the owner of self-acquired and inherited property and enjoy the same,
5. the property can make an issue (attachment) if you do not make the payment of maintenance charges,