Jointly Own Property Issue Divorce

Question

Jointly Own Property Issue Divorce

25-Sep-2025 (In Divorce Law)

Me and My Father have a jointly owned Flat where his name is at 1st and mine 2nd. We have a Divorce issue going of my younger brother. In this case can his wife claim right on this Flat or Cannot.

Answers (5)

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Adv. Moksh Jain Adv. Moksh Jain

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Advocate Sanil Sarkar LawRato · Accepted Answer · 2025-09-25T11:20:43+05:30

Answer #2

Since the flat is jointly owned by you and your father, your younger brother’s wife has no direct ownership or legal right over it, because her husband (your younger brother) is neither a co-owner nor a title holder of the property. In matrimonial disputes, a wife can only claim residence rights in her husband’s self-acquired or joint family property where he has a legal share, but she cannot claim ownership or partition in property that is exclusively in the name of other family members. At most, if your brother was residing in this flat, she could ask the court for alternative accommodation or a right of residence during the marriage dispute under laws like the Protection of Women from Domestic Violence Act, but she cannot demand ownership or sale of this flat since it does not belong to him. Therefore, her claim will not stand against your and your father’s ownership rights.

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Advocate Neelkanth Goswami LawRato · Accepted Answer · 2025-09-25T11:47:18+05:30

Answer #3

SRS the ownership is concerned since your younger brother does not have his name on the agreement his wife cannot claim any right title or interest in the property. However if all are deciding in the same premises then she can seek protection for accommodation in the same house. It is advisable to ask your younger brother to leave separately on live in license basis for few days.

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Advocate Keyur Kulkarni LawRato · Accepted Answer · 2025-09-25T12:00:29+05:30

Answer #4

Yes his wife can claim rights in the flat. The wife has direct interest in the property of the father in law as her husband is direct recipient of the inheritance. However, it is subject to the case of the wife against the husband.

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Adv. Keyur Kulkarni Adv. Keyur Kulkarni

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Advocate Prerna Shukla LawRato · Accepted Answer · 2025-09-25T15:23:43+05:30

Answer #5

As far as the flat jointly owned by you and your father is concerned, your sister-in-law cannot have any claim over it. Thus, the issue of divorce proceedings cannot affect your ownership. Feel free to contact me for seeking any legal advice/assistance as regards the same.

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