Legal Question in Family Law in India

The answer to that question depends on whether the house is an ancestral property or whether the husband and wife, both have an equity over it. also, who has paid for the house and under whose name is it registered, are important factors to consider while deciding that who would get the house after divorce. Under current laws, a woman seeking divorce is not entitled to any share in the husband's property.

The ownership rests with the person who is holding the title. If the property is bought by the husband while the two were together and he holds the title, the wife can make a claim if she can prove her equity in the property. A lot of people buy property with own money but register it in the name of their wives to benefit from the lower property registration fee for women. In such a case, the wife can continue to retain ownership.

However, if the other person can prove in the court that he/she funded the purchase, even though the title is held by the spouse, he/she can claim the property. An inherited property remains with the person to whom it has been transferred. The ownership of properties comes into the picture only when there is no agreement between the husband and the wife on who will get what.

On divorce, the wife is entitled to maintenance from her husband even though she is earning. The Supreme Court of India, in this regard, has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression �unable to maintain herself� does not require a wife to be absolute destitute before she can apply for maintenance. Also, the Court may grant for a sum to be paid by the husband for the maintenance of the children.

Seek the advice of an expert in this regard.

-Regards

Advocate Pooja

www.lawkonect.com