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Can Divorced Wife Claim Property in India?

Legal Grounds For Divorce in India| भारत में कैसे लें तलाक| India Me Divorce  Ke Niyam

In India, a wife’s right to claim her husband’s property after divorce depends on certain factors. The laws related to property division after divorce in India have evolved over the years but still favor the husband in most cases.

What can a divorced wife claim?

A divorced wife cannot claim her husband’s self-acquired property if it is solely in his name. She has no legal right over such properties. However, she can claim her share if she contributed financially when the property was purchased. She needs to provide proof of her monetary contribution to get a share.

If the divorce case is pending in court, the wife can claim a stake in her husband’s investments and insurance policies. Once the divorce is finalized, she loses this right.

When can a wife claim husband’s property?

There are certain cases when a divorced wife can claim her husband’s property:

  • If the husband has abandoned the wife and children to live with another woman, the court may rule in favor of giving the wife a share in his property.
  • If the husband remarries without providing for his previous wife and children, the first wife can claim his property as maintenance for herself and the kids.
  • If it is proved that the husband ill-treated the wife or she was subjected to cruelty, she can claim his property.
  • If the ancestral property is divided after the divorce, the court allots half of the husband’s share to his divorced wife. Their children get the remaining half.
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What can’t the wife claim?

The wife has no claims over her husband’s inherited or ancestral property. She also can’t claim any gifts or property he acquired before or after marriage from his parents or other relatives.

Investments, funds, and policies purchased by the husband in his name can’t be claimed by the wife after divorce.

How do courts divide property in divorce?

There is no standard formula in India for division of property after divorce. It is upon the judge’s discretion based on the evidence provided. Usually, the ancestral property is divided equally among the husband, wife, and children.

For self-acquired properties, the courts consider the wife’s contribution and need for maintenance before allotting her a share. If the divorce is by mutual consent, the property division is decided mutually.

To conclude, a divorced wife in India can claim her husband’s property only under specific conditions. The law leans in favor of the husband in most cases. Consulting a lawyer helps understand one’s rights regarding property after divorce.


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