Legal issues are frequently difficult and need expert help to be effectively channelled. However such an issue is a woman’s right after divorce, and under what conditions may a separated or divorced wife assert her right to her husband’s property? Continue reading to find out.
Marriage is a lifelong link between a man and a woman, but when they choose to divorce, a lot is split, such as the assets they hold. The real estate division is typically far more problematic, given that it is the most valuable asset most couples hold. In India, a woman’s claim to her husband’s property varies according to how the two split, i.e. by divorce, voluntary split, or desertion. Here are the specifics of a woman’s rights in each of these cases.
When a couple of files for divorce, what are a woman’s property rights?
According to A Thakur, an individual law specialist, no marital relationship is cancelled under the Hindu Marriage Act, 1955, unless the husband and wife legally split by applying for the divorce. If the property is in the name of the husband, the first wife cannot assert her title to it. She does, though, have the right to seek support for her livelihood equal to her husband’s lifestyle until she marries again. When the husband remarries, the second wife obtains the right to hold a share of the husband’s property, whereas the first wife loses the entitled to demand of share. The children of the first wife, on the other hand, retain the right to a portion of their father’s property.
What are a woman’s property rights once her spouse abandons her?
If the husband abandons the wife but does not file for divorce, the woman and her children have the right to a portion of the father’s property. If the husband has children from a previous marriage, the law prioritises the legal wife and her children. For example, if the husband owns the property, the legal first wife and her children (two sons) might assert their entitlement to the property owned by their genetic father. In this instance, the father/husband becomes the fourth shareholder of the property, and the children from the second marriage, such as the second wife, may only claim their portion of the property from the father’s share.
What are a woman’s property rights when she is a stakeholder in the property?
It is common for a husband and wife to buy a home together, however, when they divorce, the wife has the right to remain in the home until the divorce is finalised. If she is a co-owner of the property, the husband cannot order her to vacate. The woman can seek payment of her part from the husband either during the divorce, and the husband is obligated to do so.
Possessions of an abandoned or divorced wife
In the event of abandonment, the wife has the right to take control of whatever she has. She becomes the rightful proprietor of everything she has, including jewellery, insurance policies, bonds, Fixed Deposits (FD), and other investments. She also has the right to retrieve the jewellery that was presented to her by her family and is now in the possession of her in-laws. If the in-laws abuse her while returning the same, the husband or his family is found responsible under Section 14 of the Hindu Succession Act, 1956, and Section 27 of the Hindu Marriage Act, 1955.
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