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Distribution of Property rights after Divorce


09-Sep-2023 (In Divorce Law)
While filing my petition of Divorce, I did not mention anything about joint holding a property between me and my wife. Now I am at the verge of getting the final judgement on Divorce. I want to know if the court will give any directive on distribution of the property in general. In case no directive is given, how do I get my rights on the joint property. Do I have to file a separate case in Civil court for getting my property from my wife?
Answers (3)

Answer #1
601 votes
As per your query Since the petition is pending in Court and the same is yet to be disposed off you can very well file and application with regards to the joint property and the court can give directions parties with regards to the property after hearing both the parties. Regards
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Advocate Neelkanth Goswami

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Answer #2
942 votes
First of all let it make clear that court suo moto doesn't makes any such order unless the opposite party claims as such so. If it is by mutual consent and if she is not claiming anything make clear with her and make necessary amendments in Petition.
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Advocate Manoj Mulchandani

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Answer #3
950 votes
at time of filling you can file the same but for reducing maintanance you not mentioned now keep matter for mediation and make agreement and then judge can mention it in his judgement othere wise it's hard to gate if she fight for that she will gate it all
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Advocate Irfan S Patel

Adv. Irfan S Patel

LawRatoKolhapur | 100+ Answers
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