Can a wife in India claim rights on the husband owned property during divorce?

Question

Is it possible in India for a wife to claim rights on the property owned by her husband during divorce?

Answer 1

As it has not been mentioned in this question whether this wife got married under the Hindu form of marriage hence covered under the Hindu Marriage Act,1955 or not but as it says she was an Indian I shall reply this question according to the Hindu Marriage Act,1955. Section 27 of the said Act provides Disposal of property.-In any proceeding under this Act, the Court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and the wife.
According to this provision any proceedings includes all the proceedings such as annulment of marriage, divorce, judicial separation & restitution of conjugal rights. It further applies to only those properties that were jointly belonged to both husband & wife, although different High courts have taken views that it will also include properties individually owned by them & thirdly these properties should only be those which were presented to them at or about the proximity time of marriage. This clearly shows such properties owned by any of them before or after the marriage will not be included in this. In such a case any property which husband owned individually much before his marriage or which he purchased after his marriage will not be a part of the disputed property which the wife can claim is as a right in it at the time of divorce. The wife can only claim those properties which were given at the time of marriage or very near time of marriage not otherwise. Hope this clarifies your doubts regarding this problem.

Answer 2

well actually if the people have planed for divorce and they have a child and the mother wants to keep the child then she can get 49% of the property, but she is only care taker of the property and have to give the property to the child when get 18 years.It means that wife cant clame the property for her self byt cant get property.

Answer 3

there is personal property and real property. there are some laws thats state the property aquired during the marriage is there property togather. there are ways your dad can keep the house and property. I would look into law cases of similar cases and bring them to your attorney attention.,

Answer 4

1

Answer 5

where is the marriage recognized, where is the groom living.
Pretty much where ever you live and paid taxes is where juristiction lies.

Answer 6

i hope so