Legal Question in Family Law in India

Recently my dad gifted me a property that's worth 70 lakhs to me. My wife is aware of this transaction. This property is close to my dad's heart because this was earned out of his 30+ years of hardwork. This is the only asset I have got under my name. If I go for a divorce, do my wife have the right to claim a part of this property? Please advise.


Asked on 7/03/13, 12:17 am

5 Answers from Attorneys

dear client...

Yes you wife can make claim for the same .. for details mail me at [email protected]

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Answered on 7/03/13, 12:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Only if you have a matrimonial dispute with your wife.

You have a legal duty to provide maintenance to your wife, if there is any court order to that effect. It may be "interim" maintenance when the case is pending and / or "permanent alimony" at the time of decision of the case.

The property may be included in your assets showing your "capacity" to provide maintenance to your wife.

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Answered on 7/03/13, 4:34 am

dear client parliment has not pass the law relating about wife share in husband property. so if she can claim property still she has not right and court will reject her demand. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 7/03/13, 5:46 am

it is your ancestral property but if it is gifted to you by will then she cannot claim but if it is gifted directly then it will consider as you earn and hence your wife can claim 50% share out of it. but consult your local lawyer and he may guide you to safeguard your property.

Good Luck

[email protected]

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Answered on 7/05/13, 1:59 am
Jayesh Desai Jayesh Desai

If she you go for divorce - yes she can claim.

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Answered on 7/05/13, 10:46 am


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