What are the Property Rights of Wife after Divorce in 2023? How to Claim if Denied?

Introduction

In India, the law has undergone numerous changes over the years. The law has undergone numerous revisions throughout the years in order to encourage and preserve Indian culture. In keeping with this, the government has put out a number of initiatives, such as tax breaks for home purchases made in female names. Property rights of wife in husband’s property is relevant to the property issue.

A wife has particular rights over her husband’s property, according to Indian law. These privileges are available to both the first and second wives. Whether or not a wife obtains a portion of her ex-property husband’s following a divorce from her husband depends on how amicably the divorce was handled. Let’s discuss the many property rights that a wife possesses in connection to her husband.

What is the legal rights of wife over husband’s property?

Divorce is the term for the formal dissolution of a marriage that can take place in court. The divorce process is emotionally taxing and stressful for both parties. Legal agreements like alimony, maintenance, and property agreements make the process more challenging.

Financial stability may exist between a couple during their marriage, but after divorce, circumstances may alter significantly. They need to understand and be aware of the rules and procedures that are in place to decide who gets what share of the property in order to resolve one of the most difficult problems.

There are two models on which matrimonial property ownership is established when determining ownership in a divorce.

Separate Ownership

Neither spouse may make any claim to any registered or purchased properties; all such properties shall remain the sole property of each spouse even after the breakup of the marriage. As a result, the couple no longer disagrees over how to divide their assets, and the parties come to a mutually agreeable conclusion.

Joint Ownership

This idea demonstrates how a husband and wife jointly own property. The best aspect of this model is that it considers both the person’s financial and non-financial qualities. For instance, if the husband purchased the home and the wife maintained it, that will be considered as her contribution, and she will be given equal rights in the property after the divorce. Even with this model, there are two scenarios that can change depending on the context. The following is elaborated: –

Contribution by Both

If both partners contributed to the property’s purchase, the court will divide it according to each partner’s equity in the asset. If the husband contributed 45% and the wife contributed 55%, the property’s market value will be calculated and divided equally between the two of them.

Contribution by One

The court will determine if either spouse contributed equally to the property in this case before splitting the assets. Although it is not required by law to do so, many judges do it and split the property with that factor in mind. But once more, it differs from one situation to the next.

How Property Rights Are Defined Incase Of “Immovable Property”

Property Rights of Wife After Divorce in the Case When Property in Husband’s Name

In the event of a mutual divorce, the woman has no legal right to any property held in the husband’s name. According to the “Registration Act of 1908,” the property is owned by the person in whose name it has been registered. When it comes to the bank, the loan belongs to the person in whose name it was issued and who will be paying the loan instalments.

In the event that the divorce is amicable and the property is registered in the husband’s name, the woman would not be able to make any claims to it. For instance, the wife cannot claim ownership of the property if the husband and wife are still living in a flat that was purchased in the husband’s name. In accordance with Indian law, the owner of a piece of property is the person listed as such.

A crucial thing to keep in mind is that the wife can defend her title to the property as long as she can prove it through financial records if she completely paid for the property and it was registered in the husband’s name. The wife might not be able to claim her property rights after the divorce if the husband pays for the property that is registered in her name. In some circumstances, the wife is legally allowed to demand maintenance from the husband but is not allowed to claim the husband’s property as her own.

Property Rights Of A Wife After Divorce When in Joint Property With Husband

If a couple buys a house, it will be considered their joint property. According to the Hindu Succession Act of 1956, the Wife has the right to remain in the house as a co-owner until the divorce is finalised and the divorce property settlement is finalised.

The identical decision was also made by a three-judge Supreme Court bench in the “Satish Ahuja v. Sneha Ahuja” case (2020). Here, the father-in-law of the women asked the judge to issue an immediate eviction order for the women. He argued that the property was against it. Here, the father-in-law of the women asked the judge to issue an immediate eviction order for the women. He claimed that neither he nor his son or daughter-in-law owned the property.

Despite her husband’s ownership interest in the property, the court ruled that the woman had the right to live there in this case. Consequently, a wife still owns a share of a property that she and her husband jointly possess after a divorce. For her claim to be legitimate, she would need to demonstrate that she too made a contribution toward purchasing the land. If the wife did not assist in its acquisition and her name is just on the registration form, she cannot be considered entitled to a share of the property. Additionally, the wife’s share of the community property is equal to the share she provided.

Additionally, the wife’s share of the community property is equal to the share she provided. In order to prove their financial contributions to joint property with their spouses, women should keep a paper trail. Couples have the option of amicably resolving their property problems. The other party’s share of the joint property may be purchased by whoever wants to keep it, and a friendly settlement may also be reached on it.

Property Rights Of A Wife If The Husband Strands Wife Without Divorce

According to property right of women, in the rare event that a husband leaves his wife without seeking a divorce, both she and her children are entitled to a portion of their father’s assets. They are entitled to a portion of the property if the spouse has children from other women. If the husband held any property, it would be initially claimed by the first wife and her children, who are the children’s biological father.
The second wife and children from the second marriage will each get all of their allotment from the father’s share, making the father/husband the fourth stakeholder in the property.

To be eligible for her full share of the property division following the first wife’s divorce, the second wife should wait to become engaged to the guy. As a result, the second wife receives the same legal protections as a married woman and is only qualified to use property right of women while she and her children are still residing together.

In the “Khadal v. Hulash” decision from 1989, it was decided that if one spouse rejects the spousal connection or its obligations, the other spouse is still entitled to maintenance. Section 24 of the Hindu Marriage Act (1955) allows claims for the personal support of the party requesting maintenance as well as the expenses they incurred throughout the proceedings.

The claim can only be made if it can be shown that the person asking for the money doesn’t have enough money to pay for both their own expenses and the costs related to the court proceedings. Once these facts are proven, the court may issue an order directing monthly or recurrent payments to the claimant as well as a lump sum payment for the proceedings.

What is the Law for Property Right in the Case of Divorce

According to section 27 of the Hindu Marriage Act of 1956, the court has the power to make decisions about property issues that are presented to the couple jointly at the time of marriage. However, this clause would not apply to any assets that the spouses purchase while they are still married.

What Hon’nle Court Says : Judgements

In the case of “Satya Pal v. Sushila”– (1983), it was observed by the Hon’ble Court that the application of the wife under this Section for the purpose of recovery of jewelry and other stuff from the husband was not maintainable. 

In the case of “Kampta Prasad v. Omwati”- (1971) Hon’ble Allahabad High Court established that it is not right that the parties enter into a settlement agreement with regards to such property, the court may keep a record of the same.

In the case of “Basudev v. Chhaya”- (1991), it was observed that the wife has the right to remain in the matrimonial home till the termination of the marriage.

How Property Rights Are Defined Incase Of Movable Property

The Transfer of Property Act (1882) defines mobile property as all property types other than immovable property.

What is Stridhan?

These, according to the Smritikars, are the presents made to the bride-to-be. These could include anything like jewellery or cash. In the event of a divorce, the wife will also retain ownership of these assets. But if the spouse contributed to the cost of these gifts, he has the right to get his money back in the case of a divorce.

According to the Allahabad High Court’s ruling in the case of Debi Mangal Prasad Singh v. Mahadeo Prasad Singh, any land gained by the women as a result of the partition would not be Stridhan but instead would belong to the women. However, Section 14 of the Act, which came into effect following the Hindu Succession Act of 1956, deemed the joint property acquired by division to be an absolute property, or Stridhan.

As stated by the Allahabad High Court in the case of “Debi Mangal Prasad Singh v. Mahadeo Prasad Singh”, any property that the women obtained as a result of the partition would not be Stridhan but rather women’s estate. But after the 1956 Hindu Succession Act, Section 14 of the Act stated that the joint property gained by partition was an absolute property, or Stridhan. A woman has full control over how her absolute property is alienated since she is its owner. She is free to give, sell, lease, trade, mortgage, and do whatever she wants with it.

The Supreme Court of India determined in Smt. Rashmi Kumar v. Mahesh Kumar Bhada (1996) that a husband or other family member who is given a wife’s property and intentionally misappropriates it or permits another person to do so commits the crime of criminal breach of trust.

It has now been established in the case of “Pratibha Rani v. Suraj Kumar and Another”- (1985) as to what consists of Stridhan by the Supreme Court – 

1. Gifts presented by her mother-in-law or father-in-law as a token of affection on the occasion of her marriage. 
2. Gifts exchanged before the nuptial fire. 
3. Gifts presented during the wedding. 
4. Gifts from the moms, dads, and brothers of the women.

What About Investment and insurance Distribution?

The woman has no authority over the investments the husband makes in his name. She also lacks the right to submit a claim for any insurance that her husband has already paid for.
The woman can be eligible for the insurance reimbursement in the dreadful event that the husband passes away, though, if the couple has only recently started living apart and the marriage has not yet been formally dissolved.

What are the Property Rights of Wife if Possession is under Husband’ Before Divorce?

The wife has the full right to live in the marital residence and receive support from her husband. The husband has a duty and obligation to care for the family, especially his dependents.

But if the husband decides to leave her out of his estate in his will, she won’t be able to establish a claim on his property.
The wife’s property rights on her husband’s property, whether it be movable or immovable, are influenced by a number of variables. Even when a couple is divorcing, the majority of disagreements occur during the property settlement process. At such a moment, one must be aware of their rights.

In the case of “B.P. Achala Anand v. S. Appi Reddy and Others”- 2005, Hon’ble Supreme Court ruled that personal laws safeguard a wife’s right to reside in the married home. A wife has a right to support from her husband. She has the right to live and to be safe in his home. She also has the right to separate residency if her behavior, his refusal to keep her in his home, or other legitimate circumstances force her to live apart from her spouse. An element of the wife’s rights to maintenance is the right to a place to call home. The term “wife” as used in maintenance includes a divorced wife.

Conclusion

The allocation of marital property is unfortunately not governed by a clear set of laws in India because it largely depends on who has the title and how much was contributed. The legislature must enact legislation clarifying the rights and responsibilities of Indian residents with regard to how their property will be shared in the event of a divorce. Wives should be given equal rights if they have made non-monetary contributions to the husband’s property.

Divorce can be a very stressful situation for both the husband and the wife. In addition to the emotional pressure, the divorce process also involves a variety of legal concerns that must be resolved, which heightens the tension.

The situation of women in India has improved as a result of the development and evolution of women’s property rights over time. Financial support following divorce is crucial, particularly in nations like India where women are mostly not employed or are paid quite poorly. Sometimes a woman’s financial circumstances prevent her from getting a divorce, so she must continue to live in squalor. Consequently, it is more crucial than ever to establish laws that support women’s development and independence. However, this does not imply that it should be done at the expense of men losing their rights. There should be equilibrium. The conclusion, further summarised below, might be:

• The rights of the woman and the children to the man’s other assets will be decided by the court, regardless of whether the property was obtained before or after the marriage.
• A woman will be entitled to 50% of a man’s home in the event of divorce, but she will have to take the initiative to obtain her part.

Disclaimer

The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.