Legally, women have got many rights over their husband’s property. However, many things have to be kept in mind for this.
Apart from being a daughter or daughter-in-law of a woman, she also has a wife. Socially, you can give your views for the rights of women, you can debate them. But, legally, women have got many types of rights. Very few people know about these rights. Today, we are giving you information about some of the similar types of property related to women. Legally, not only the first wife but the second wife also gets many kinds of rights. However, some conditions also have to be fulfilled for this. A wife also has the right to take a stake in her husband’s family property.
The time of divorce is of many types of tension for any couple. The husband and wife are not only fighting a legal battle with each other, but it is also a difficult time for them mentally and emotionally. If both are living in the same house together before divorce, then who will get this house after divorce? What if they have a joint stake in a property or bank account?
If the property is in the husband’s name
If divorce occurs with mutual consent of husband and wife, and the husband’s name is on the property, the wife may not get a share. Suppose the wife is living in the house that the husband has bought and it is in his name, then after the divorce the wife cannot claim this property. Under Indian law, they have the right to the property, in whose name the property is registered. In such a case, the wife can demand maintenance from her former husband but cannot claim the property legally.
If the property is owned by both of them
In today’s era, most couples register property in the name of both. Such property is owned by both the husband and wife. After the divorce, both have the right to make legal claims on their respective shares. However, this claim requires that the wife show that she has contributed to the purchase of the property. If the wife has not contributed in purchasing the property but even after that the property is registered in her name, then it is possible that she cannot claim it.
In jointly owned property, the wife can demand as much share for which she has contributed in the purchase. In such a situation, it is important that women also fix their documents about this kind of property. If couples want to, then they can peacefully compromise on their level. Whoever wants to keep the property, can buy the other person’s stake.
What happens if the couples are separated and the divorce process is going on?
It is to be noted that till the court has not approved the ‘divorce’ between the husband and wife, then the legal relationship between the two remains. Till the court’s decision comes, the wife has the right to the husband’s property. There may also be a situation that during this time the husband starts living with another woman or marries them. In this situation, the woman will have full rights to this property to the first wife and their children.
Woman’s right on husband’s property
The woman has equal rights over the husband’s property. However, if the husband has removed the wife’s name from this property in her will, then the wife will have no right. Apart from this, the wife will have the right to the family property of the husband. The wife will have the right to remain in her in-laws’ house.
Rights of second wife over husband’s property
If a person marries his second wife without being legally separated from his first wife, then the rights of the second wife and the child resulting from it are limited. The first wife only has the right until the divorce is complete legally. Under the Hindu Marriage Act, 1955, a person cannot do more than one marriage at a time.
If the first wife dies or a person marries another after divorce, then the second wife gets all kinds of rights. It also includes rights over the property of the husband. In such a situation, the second wife will also have the right over the family property of her husband. Thus, the legal right of a person’s second wife depends on whether their marriage is legally valid or not.
In this way, the right of the wife to the property of the husband law in India depends on many things.
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