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PROPERTY AND DIVORCE RELATED MATTER


20-Oct-2023 (In Divorce Law)
My aunt and uncle are married ( hindu religion)for more than 14 years with no children. Both of them build a house in their joint names with my aunt as main holder 50% share and uncle as joint holder 50% share. its both of them 2nd marriage. my uncle has a daughter from his previous marriage.they dont have any children from this marriage. Now due to constant fight between them , uncle's alchoholic behaviour, and not contributing to run the family and giving mental pressure to my aunt, she has now started living separately alone and she no longer wants to live with him. she is working and she wants that the house in their names should be sold off and she should get 50% of her share. But my uncle is refusing to sell the property and he is saying he will write his share will in his daughters name and she will get majority of the amount if the house is sold off. if we file a case for divorce will my aunt get 50% of share?
Answers (1)

Answer #1
651 votes
Yes... She is entitled to get the half share of the property. She can file a petition before the family court for divorce as well as the partition of the undivided property. And if she is not ready to transfer the property to the step daughter she can convince that into the court as well.
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