Can Wife Claim Husband Property After Divorce in India

Can Wife Claim Husband Property After Divorce in India? Understand legal rights of a wife, property division laws & financial entitlements

Introduction

Divorce is the formal termination of a marriage, which is typically initiated and finalized in court. Mentally, separation is exhausting and difficult for both individuals. Judicial agreements such as support, maintenance, and properties make the work more difficult. A couple may be financially secure during their marriage, but following a divorce, the situation can change dramatically. They must comprehend and be familiar with the rules and processes that are in place to determine who receives what portion of the possessions to address divorce issues.

Ownership rights include legal privileges to acquire, exhibit, trade, and exchange assets, in addition to the authority to collect fees, retain a wage, engage in agreements, and initiate cases. One of the many sensitive subjects at this time is how women can acquire property after divorce. Women’s rights to their husband’s assets in a divorce asset agreement are determined by several circumstances, including why and how the marriage ended.

When would a wife want a divorce?

Disputed divorce is the term used to describe situations in which only one partner starts the divorce process. Various reasons for separation may be used to seek a disputed divorce under Section 13 of the Hindu Marriage Act. The reasons are listed here:

1. Abuse: This scenario can generally occur in both mental and physical forms. If one of the parties has strong grounds to prove that the other person may harm the partner’s well-being, they can file for a divorce.

2. Cheating: If a man outside of his marriage commits adultery, the woman can file a case against her husband, and he can be charged with a criminal offense. A case can be filed against him, and the woman can seek divorce as a remedy.

3. Abandonment: A divorce may be warranted when a partner abandons their partner without explanation. Nonetheless, evidence showing the other person was planning on leaving their spouse should be presented.

4. Religion conversion: If one partner practiced another religion before getting married, and converted to another later, the other spouse may file for separation.

5. Mental disorder: The wife may file for a divorce if one spouse is unable to carry out the responsibilities of the marriage because of a psychological disorder.

Ownership rights of a wife following divorce if the asset is in the name of her husband

In the event of a consensual divorce, if the asset is in the husband’s name, the wife has no legal claim to it. According to the Registration Act of 1908, the asset goes to the individual in whose name it was listed. When it comes to a financial institution, it goes to the individual in whose name the money was provided, and they are responsible for paying the loan payments.

Even if the woman didn’t contribute directly to the construction of the house, the husband has no legal standing to force her to leave the residence until they are legally separated by an appropriate court. She must remain in the home until the marriage is canceled by an authorized party. After they get separated, the wife has the opportunity to apply for support and living expenses for herself and her kids, but she can’t ask for assets in an agreement.

Let’s say there is a couple. Following their marriage, the husband purchases a home for himself and his wife and registers it in his name. Throughout their marriage, the couple resided in their home together. When a divorce is filed, the wife loses every claim to the residence, while the husband keeps the entire ownership. In an alternate situation, if the couple jointly purchased the flat, but it has been registered in the husband’s name, the wife cannot assert ownership. She may still demonstrate her financial help in purchasing the home by providing financial statements and other evidence.

Ownership rights of a wife following divorce if the asset is a joint property

A couple might buy jointly owned property for several reasons, including tax reductions, ease of savings accounts, or when both partners assist in the purchase. When an asset is listed as jointly owned property, the woman has the legal capacity to request a share of the asset in the event of divorce. The court may offer her a portion of the divorce agreement based on the value and proportion of her contributions.

To get assets in the name of her husband, this woman must verify her expenditures. She can exercise her liberties by providing statements for her account. If a couple purchases a house together, it qualifies as jointly owned. According to the Hindu Succession Act of 1956, as a partner, the woman has the privilege to stay in the home until the separation and asset distribution are resolved. This was further established by a bench consisting of three judges of the Supreme Court in the case of Sneha Ahuja vs. Satish Ahuja (2020). In this case, the woman’s father-in-law moved for a judgment ordering them to vacate the residence instantly. He argued that the land did not belong to either his son or his daughter-in-law. The Court ruled that the lady had a claim to the residence regardless of her husband’s part in the ownership of the land.

Either wife or husband can begin the task of resolving their share of the assets with the person who chooses to maintain it. This can be performed either before or during the separation process, and they are also responsible for paying the balance based on the current state of the market.

Hindu Marriage Act of 1956 – Section 27

This Section gives a judge the ability to rule on matters related to property submitted equally to the spouses at the point of marriage. However, this rule does not protect assets purchased during the duration of a marriage.

If any of the parties wants to obtain a request under this Section, they must file a petition before the divorce processes are completed. But the court has no authority to issue a ruling on any other asset owned equally or separately.

The court may preserve the documentation of any arrangement reached between the parties regarding that property. However, in the matter of Omwati vs. Kampta Prasad (1971), the High Court of Allahabad ruled that it was inaccurate.

In the matter of Sushila vs. Satya Pal (1983), it was determined that the wife’s appeal under this subsection for the return of jewelry and other property from her spouse was not acceptable.

Chhaya vs. Basudev (1991) established that the woman has an entitlement to stay in the marital residence until the marriage is terminated.

Ownership rights of a wife if the husband abandons her

In the uncommon case that a husband abandons his wife and does not seek separation, women’s property rights provide that both her kids and she have an opportunity to claim a share of the assets owned by their dad. If the husband has children from another woman, they are entitled to equivalent property. If the husband owns any assets, the first spouse and her kids will have initial access to the assets that belong to the biological father.

In this instance, the father/husband turns out to be the assets’ fourth stakeholder, and the kids from the second relationship, as well as the second spouse, will receive their complete fraction of the father’s stake. To receive an entire part, the second spouse must tie the knot with the man only after the first wife’s separation asset agreement. As a result, the second spouse is considered a spouse by law, and she and her kids are only entitled to the ownership of property while the couple is together.

In the case of Hulash vs. Khadal (1989), it was determined that if one party disputes the marital relationship or responsibilities, the other is entitled to maintenance. The Hindu Marriage Act allows for claims for the claimant’s individual assistance as well as expenditures received during the process. The request for money can only be filed if it is proven that the person requesting the amount lacks the resources to cover both their personal expenses and the costs of the legal process. Once these facts have been developed, the judge may issue a judgment to reimburse the claim on a monthly or recurring basis, as well as an initial payment for the procedures.

Stamp obligation assessments on assets during a divorce

When property is transferred between individuals, taxes are collected. For instance, taxes are applied similarly to an informal transaction when assets are traded between families. Even if a tax on long-term capital gains does not apply to property exchanged between partners, stamp duty is still a tax that must be paid. When it involves exchanging assets between the separated partners, things can vary even if such tax concessions don’t exist.

Since each couple owns an equal percentage of the funds or other possessions, they must change the possessions from their shared names to one spouse’s name. If this kind of transfer results from an administrative divorce or a contract between both individuals regarding a divorce, invalidation of marriage, separation of assets, or the breakdown of a legal partnership, it is not subject to stamp duty property taxation. To request some relief, an actual purchase report will be needed.

Ownership rights of a wife after getting separated with respect to movable assets

The Transfer of Property Act of 1882 defines movable assets as any type of asset other than immovable assets.

The Smritikars claim that these are the attributes that a woman is given when she marries. These consist of money, jewelry, etc. Following a divorce, the wife holds ownership of these assets. However, the spouse has an opportunity to reclaim his share following the separation if he helps pay for these goods.

According to the ruling in the Allahabad High Court’s Debi Mangal Prasad Singh v. Mahadeo Prasad Singh case, any asset that the women obtained as a result of the separation would not count as Stridhan but rather women’s asset. Nevertheless, Section 14 of the Hindu Succession Act declared that the shared estate acquired by separation was an inherent property or Stridhan. A woman can donate, sell, rent, exchange, loan out, or do anything else she wishes with her assets because she is the sole owner and has complete authority over its attributes.

The Privy Council ruled in Maya Baee vs. Bhagwandeen Doobey that the assets that men give their wives would not fall under the jurisdiction of stridhan and would instead be referred to as the women’s property.

The Supreme Court of India has officially determined what constitutes Stridhan in the case of Suraj Kumar vs. Pratibha Rani.

• Gifts that were distributed before the wedding.
• Presents that were given out at the marriage ceremony.
• Gifts that were given to her on her wedding anniversary by her in-laws as a show of love.
• Presents from the women’s siblings, parents, and relatives.

According to the Supreme Court of India’s ruling in Mahesh Kumar Bhada vs. Smt. Rashmi Kumar, a husband or another member of the family who knowingly misappropriates or permits another individual to do so after a wife trusts him with her belongings is guilty of an unlawful violation of confidence.

The wife can be a shareholder of the home.

It sometimes happens that both partners buy a home together, but as they approach separation, the wife has the legal right to remain in the home until the legal separation is finalized. If she is a joint owner of the home, the husband cannot order her to vacate it. Earlier or later than the separation, the wife may request her portion of the home as an agreement from the husband, and he is responsible for paying her portion.

Can a wife inherit her husband’s assets if he passes away?

To secure a wife’s financial security, particularly in the unfortunate circumstance of her husband’s death, ownership rights are crucial.

Following the demise of her spouse, a wife’s ownership interests are governed by two significant laws:

1. Hindu Succession Act: A husband’s assets, in the absence of a testament, are distributed fairly among his legal successors, including his wife, kids, and other family members, according to the Hindu Succession Act of 1956. This act gives the woman the same legal inheritance rights as the children, making her a legitimate successor. With the exception of obtained assets, which restricts the wife’s ownership over them, a woman who is childless receives the whole portion of the assets.

2. The Indian Succession Act: This states that a wife may receive her husband’s assets no matter if he left a testament. However, several other variables, including other legal descendants, the type of asset, and clauses stated in the testament, will affect the wife’s portion of the assets left by her husband.

After getting divorced, it’s critical to stand up for women’s liberties to ensure equal opportunity and financial stability. There is legal assistance available to safeguard women’s post-divorce ownership rights. Nonetheless, it is critical that women understand their liberties and use them by obtaining property-related legal counsel.

Insurance and Investment

The investments his spouse has made in his name are not the wife’s property. Additionally, she is unable to request any coverage because the husband’s name was used to make payments. In the tragic occurrence of the husband’s death, the wife may, however, collect the benefits from the insurance if the relationship has not been formally separated and the pair has only begun to live apart.

Ownership rights of a wife to husband’s assets before getting divorced

Even if female entitlements in divorce proceedings are now well understood, we still need to consider what she is entitled to during her marriage. She is entitled to alimony from her spouse and to live in the marital residence. She won’t be entitled to take possession of his assets, if the husband chooses in his testament to refuse her entitlement to it.

Several factors affect the wife’s ownership rights over her husband’s assets, whether they are fixed or movable. The majority of disputes, even in divorce cases, occur throughout the asset distribution phase. One needs to know their legal rights in such a situation.

In the 2005 case of S. Appi Reddy vs. B.P. Achala Anand, the Supreme Court ruled that personal regulations protect a wife’s entitlement to remain in the married home. A wife is entitled to her spouse’s support. She has the privilege to reside and feel safe in his home. Additionally, the wife has the option for individual residency if her husband’s actions, his refusal to retain her in his home, or other justifiable circumstances require her to live separately. The wife’s support obligation includes the right to housing. A divorced wife is included in the definition of “wife” for alimony purposes.

Vessels Ltd. vs. Bharat Heavy Plates (1985) is another significant instance in this regard. Here, the corporation furnished an apartment where the couple who were married lived with their three children. But after a few days, the couple began to disagree, and as a result, the husband left their marital home. In addition to leaving the house, he sent a note to the business ending his rent. To prevent their removal from the residence, the wife went to the courthouse to request a stay of proceedings. The Court took into account the evidence that the husband was supposed to use the apartment and that he had a duty to house the wife and kids. The apartment, where the wife also lived, had been designated as the marital dwelling by the company and her husband. The husband’s paycheck was directed to be deducted from the rent amount.

Conclusion

The situation of divorce can be quite distressing for both the wife and her husband. In addition to the psychological impact, the divorce procedure is made more stressful by the various legal concerns that need to be resolved.

Since the kids are those who are most affected by the procedures, there should be legal regulations that give the judicial system the authority to make agreements and settlements regarding shared or private property, not only in favor of either the husband or the kid but also in favor of their kids.

To improve women’s status in India, their rights to property have grown and changed over time. Financial assistance during the divorce process becomes crucial, particularly in nations like India where women are either largely unemployed or get compensated very little. A woman may continue to live in horrible circumstances due to money problems that prevent her from getting a divorce. Therefore, legislation that supports women’s development and independence becomes even more crucial. However, this does not imply that men’s rights must be violated in the process. A proper equilibrium must be maintained. For clarification get in touch with good divorce lawyers in bangalore

Frequently Asked Questions

1. Can a woman make a property complaint following a divorce?

In courts during a divorce proceeding, a woman can claim her ownership rights and contributions. A woman cannot receive a piece of the asset if it is solely in the name of her spouse unless she can prove that she provided her percentage at the point of acquisition.

2. What are the ownership rights of divorced women in shared property?

The wife will have the right to ask for the property following the divorce procedure if it is recorded as shared property of both parties getting married. Based on the contribution she made to the property, the court will give her the share she deserves.

3. Does a divorced wife have the right to inherit her in-laws’ assets?

The wife cannot seek the family assets of her husband until she has a share in it and the asset has been divided.

4. After the separation, how much money does the wife receive for maintenance?

A standard value of twenty-five percent of the husband’s total monthly income has been established by the Supreme Court of India for the wife to receive if compensation is paid each month. A one-time payment does not have a fixed sum or proportion.

5. What happens if a mortgage loan is still pending on a shared property after getting a divorce?

The couple will be required to make the installment payments even during the divorce proceedings if they have a shared mortgage loan which they took earlier.

6. After getting a divorce, can a son inherit his father’s assets?

A son is not entitled to a share of his father’s acquired assets. The father has complete control over how the title to their assets is transferred or dispensed of.