Legal Question in Real Estate Law in India

Property owned jointly

I got married to a divorcee who owns a house in Chandigarh jointly with his ex. She has not yet made any claim on property since Divorce was mutual and amicable and she has written on divorce decree that all other matters have been settled outside court.

Now my querry is

1. What if she claims her right since she jointly owned that propert though it's in my husband's possesion.

2. what if god forbade anyone of the owner is no more.

3. what will be my right as his wife after him.

4. Is there any legal paper that can safeguard or proveide my some kind of security after my husband, he wishes to know what he can do to provide me with somesecurity on this issue.

We shall be highly obliged if we get a comprehensive reply soon.

Thanks & regards


Asked on 5/14/07, 7:34 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Property owned jointly

If the Decree of Divorce is silent about ownership rights of the jointly owned house property, then divorced wife will continue to be joint owner thereof and as such she is very much a owner. If Decree of Divorce provided for ownership of the house, your husband can give effect to decree and have ownership transferred.

In case of death of a owner or co-owner, his/her share would devolve upon heirs according to his/her personal law or as per Will, if any.

In case of death of your husband, his estate would devolve upon his heirs as per the personal laws by which he is governed or as per Will, if any.

Your question 4 is not understood. Security is normally a term contemplated in a contract - mostly a contract of gurantee. Under Indian Laws, marriage is not a contract.

Read more
Answered on 5/15/07, 4:42 am
Vishwa Arya Arya & Co.

Re: Property owned jointly

Ex continues to be the owner of the property to the extent of 50%. You certainly can have a will executed by your husband for inheritance of his 50%. the mere fact that mutual divorce says that other matter settled does not mean that ex lost her 50%.

Vishwa Arya

Read more
Answered on 5/15/07, 1:55 pm

Re: Property owned jointly

Being the joint owner ex-wife still holds right to the tune of 50% of the property and if any joint owner died and if he had not made any will etc.then the property goes to legal heirs as per law otherwise the property becomes the sole property of surviving owner.

Read more
Answered on 5/14/07, 12:46 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India