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Need clarity on splitting assets
02-May-2023 (In Divorce Law)
My father and mother are planning to split-up after 25 years of marriage. Religion of Hindu.
He bought a land 13-15 years back and he says he has the full claim to it. I would like to understand how the assets are split. My mom is a home maker. She takes the custody of the both the kids.(23 and 21yr old). Since there is no prenup, how does the assets are split ?
hi
In the event of divorce, the wife is entitled to claim upto 50 % of self acquired properties of the husband provided the said properties are purchased during subsistence of marriage.
also in your case since children are born prior to purchase of property, children can claim that father formed a Hindu undivided family along with children and the property was put in to common hotchpotch of HUF and hence children are also entitled to a share of property.
In the event of divorce, the wife is entitled to claim upto 50 % of self acquired properties of the husband provided the said properties are purchased during subsistence of marriage.
also in your case since children are born prior to purchase of property, children can claim that father formed a Hindu undivided family along with children and the property was put in to common hotchpotch of HUF and hence children are also entitled to a share of property.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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