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Writer's picturethelila500
Feb 11, 20233 min read

How a Wife Take Back His Gifted Property From In Laws after Divorce

In addition to the legal right to receive rent, keep one's pay, enter into contracts, and bring legal action, property rights also include the right to acquire, possess, sell, and transfer property. One of the most contentious issues at the moment is women's property rights upon divorce.


A woman's claim to her husband's assets for the purposes of a divorce property settlement depends on a number of factors, including how and why the marriage ended. If the property is held in the husband's name, the wife has no legal right to it in the case of an amicable divorce.


The Registration Act of 1908 states that the owner of a property is the person in whose name it has been registered. The individual whose name the loan was granted and who is responsible for making loan installment payments owns it when it comes to the bank.


Even though the woman did not contribute financially to the house's construction, the husband has no authority to ask her to leave before a recognised court has awarded them a legally binding divorce.


She is permitted to remain in the residence until their marriage is ruled null and void by an appropriate authority. After the divorce, the woman has the right to ask for maintenance, but she is not permitted to demand the property as part of the settlement.

But if there is a divorce, the husband will remain the exclusive owner of the apartment and the wife will have no further claim to it. In a slightly different scenario, the wife will be unable to file a claim if she and her husband jointly acquired the apartment but it is registered in their names alone. But you can prove she contributed financially to the home purchase by using bank statements and other proof.


After a divorce, a wife's property rights in relation to her moveable property:


All property kinds other than immovable property are referred to as movable property under the Transfer of Property Act (1882).


Stridhan:

The Smritikars claim that these are the gifts given to the woman at the moment of marriage. These could consist of jewelry, money, etc. The wife will continue to be the owner of these assets in the case of a divorce. However, if the husband helped pay for these presents, he has the right to recoup his investment in the event of a divorce.


In the case of Debi Mangal Prasad Singh v. Mahadeo Prasad Singh, the Allahabad High Court ruled that any land gained by women as a result of the divide would not be Stridhan, but rather theirs.


The joint property acquired by partition was, nevertheless, deemed an absolute property, or Stridhan, under Section 14 of the Hindu Succession Act of 1956. Absolute property can be alienated by a woman with complete authority, thus she is free to give, sell, lease, trade, mortgage, or do whatever else with it.


The Privy Council ruled in the case of Bhagwandeen Doobey v. Maya Baee (1869) that the possessions handed to the wife by the husband would not fall under the purview of stridhan but instead would be referred to as the women's estate.


The Supreme Court has now determined what constitutes Stridhan in the case of Pratibha Rani v. Suraj Kumar and Others (1985) –

  • Gifts were exchanged before the wedding fire.

  • Gifts that were given at the wedding.

  • Gifts given to her as tokens of love on the occasion of her marriage from her mother-in-law or father-in-law.

  • Gifts from the women's mothers, fathers, and brothers.

A husband or other family member who receives a wife's property and knowingly misappropriates it or allows another person to do so commits the offense of criminal breach of trust, according to Mahesh Kumar Bhada (1996). The advancement and evolution of women's property rights over time has resulted in better conditions for women in India.


Financial support is essential after a divorce, especially in countries like India where women are largely unemployed or paid very badly. Sometimes, financial constraints prevent a woman from divorcing her husband, so she must continue to live in appalling conditions.


Divorce Lawyers in Jaipur should be consulted if the petition is filed in Jaipur. Likewise, Property Lawyers in Jaipur can also be consulted. Lawyers in Jaipur can also be appointed.


You can also consult advocates in Lead India. You can talk to lawyer simultaneously seeking free legal advice. Ask a legal question to our attorneys.


Call Us: +91–8800788535


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