Do I have rights to ask my share if property is in husband's name.

542 votes

Dear Sir/Madam, if you have contribute acquired the said property alongwith him in any manner it amounts to joint property, you have right over the said property. If he himself earned from his own income that property amounts to self acquired property of him. You are already said it is not ancestral property. You think and decide on its.

Advocate Chandrashekhar Vithal Jadhav LawRato

849 votes

Wife share in property owned by husband would be 50%

Earlier, before this change – a women was entitled for a share in husband’s properties, but there was no quantum defined as per law, it would be any percentage depending on the case, but now with this suggested change, a women will enjoy equal sharing without any condition in all the residential properties owned by husband. But in this case, women will have to specifically apply for her share, she should be aware about this law about “50% share” .

A major change in this amendment is that this rule is applicable to all the properties of the husband acquired before and after the marriage, whereas as the earlier law made sure that the wife gets share only in those properties which are acquired by husband only after marriage. Now men stand to loose on this front, in-case things so sour with wifeWhile there are cases where women are deprived of their share in wealth at the time of divorce in India and there was requirement of strong laws which focuses on rights of women in case of divorce in India, this amendment seems to have gone beyond what it wanted and has loopholes which can be exploited by women. With due respect to each gender, it would be great if there would have been some balanced law, and some thought should have gone for worst cases.

To summarize things, here are the take away’s from the changes made in marriage law’s.

In case of divorce, Woman will have 50% share in the residential property of a man
The wife will have to take the initiative of seeking her share in such cases.
Women and children will also have rights in the other assets of man, which will be decided by court
It does not matter if the property was acquired by before or after the marriage What do you think about this amendment ? Do you also feel its too anti-male but only designed keeping women in mind ? Do you feel its correct to keep 50% share for wife in husband’s property in case of divorce as per law in India ? Note that the bill still needs to be passed and right now only the cabinet has passed the changes. It is yet to become a law after getting passed in both houses

Advocate Janardhana LawRato