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Spouse right in husband's property.


06-Sep-2026 (In Divorce Law)
Hi, My father has gifted me his share of property through gift deed. I'm going to file a divorce case. Is there any chance that wife can claim any right in the property.
Answers (5)

Answer #1
926 votes
If the property was validly gifted to you by your father through a properly executed and registered Gift Deed, the property generally becomes your separate property, and the wife does not automatically acquire a right or share merely because you are filing for divorce. However, the position can vary depending on the nature of the property, validity of the Gift Deed, any existing claims, and the reliefs sought in the matrimonial proceedings. You may share the Gift Deed and relevant property/divorce documents on WhatsApp for detailed review and proper legal advice.
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Advocate Sanket Ganpat Khamkar

Adv. Sanket Ganpat Khamkar

LawRato Navi Mumbai | 5+ Answers
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Answer #2
656 votes
Since the flat is now in your name it will definitely be considered while deciding to grant her maintenance/ alimony. Both husband and wife needs to file an affidavit of assets and liabilities. Thereafter depending on such affidavit, an order is passed. Since the flat is an asset you will have to mention it and the maintenance/ alimony would be decided on that basis.
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Advocate Tanay Mandot

Adv. Tanay Mandot

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Answer #3
844 votes
She can only claim maintenance not the share , and the court can consider your income and assets while determining the amount for maintenance to be paid unless and until you were residing there after the marriage she cannot claim from that share.
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Advocate Areeb Ansari

Adv. Areeb Ansari

LawRatoMumbai | 25+ Answers
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Answer #4
534 votes
Yes ofc she can claim rights in the same property, unless she doesn’t know that this property has been given to you, however while going through a divorce you may have to specifically share the details of your assets and liabilities and if you hide this information on a affidavit you might face contempt or perjury case later on.. there are ways though
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Advocate Parth S Barot

Adv. Parth S Barot

LawRatoMumbai | 5+ Answers
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Answer #5
626 votes
If your father gifted property through giftdeed, you become absolute owner of such property, you can use said as par your wish and nobody can claim any right on such property in your lifetime, however after death your legal heirs can claim , but from such property you earns just like rent etc than such earning suppose to presume your income that can be consider in maintenance case file by your wife...
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Advocate Rajesh Ramprasad Jaiswal

Adv. Rajesh Ramprasad Jaiswal

LawRatoBuldhana | 5+ Answers
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