Legal Question in Family Law in India
Hi,
My wife has filed a flase 498a case agasint me and my family and the trial is pending in the courts.
She has also filed under the DV act and claimed my properties. I have the following properties:
1. Joint Property with my Brother - A flat, purchased before marriage
2. Advance paid to a builder to buy a flat (flat not ready, but only agreement to sell is signed) in my single name.
There is NO other property in my name or joint wifes name
Please advise if I will be laible to pay her anything. And at the time of divorce, will these be taken into consideration while fixing the settlement amount? How is the divorce settlement amount computed?
1 Answer from Attorneys
she cannot claim any property as in india, a wife is not entitled for property but she is only entitled to stay in that property under the right to residence. she can only claim the property if she has put in consideration amount out of her own earnings. u just need to work out an amount for alimony.
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