Women can claim property that is jointly owned by husband and wife. Thus, only with the help of a certain legal course, the such property might be obtained by the husband.
The legal termination of a marriage in family court or through a different appropriate entity is referred to as a divorce. For both the husband and the wife, the situation can be exceedingly stressful. The stress of going through a divorce is increased by the necessity to discuss a lot of legal issues along with the emotional burden. The settlement of the property is one important issue that comes up. A couple may be financially secure during their marriage, but following divorce, things may change drastically. The issues related to divorce should be discussed with the Divorce Lawyers In Mumbai.
Maintenance is one of the rights that a wife may assert under the Hindu Marriage Act of 1955, the Hindu Adoption and Maintenance Act of 1956, the Domestic Violence Act of 2005, and Section 125 of the Criminal Procedure Code of 1973. This clause was included because, up until a few decades ago, women were financially dependent on males and were forced to remain in unhappy marriages.
Property Share of Wife:
In the event of an amicable divorce, if the property is held in the husband's name, the wife has no legal claim to it. The person who holds the title of the property is the owner of such property according to the Registration Act of 1908. The individual whose name the loan was granted and who is responsible for making loan installment payments owns it.
Even if the woman did not make a financial contribution to the construction of the home, the husband has no right to demand that she vacate the property and until they have been granted a legally binding divorce by a reputable court. Until their marriage is declared null and void by an appropriate authority, she is entitled to remain in the home. The woman has the right to request support once the couple gets divorced, but she is not allowed to ask for the property as part of the settlement.
In a slightly different scenario, if the wife and husband jointly purchased the flat, but it is registered in the husband's name, the wife cannot make a claim. Bank statements and other documentation, however, can be used to demonstrate her financial contribution to the home purchase. However, in other circumstances, the woman does not have right over her husband’s property, but can instead claim maintenance or alimony.
Share In Moveable Property:
The Smritikars claim that Stridhan includes the gifts given to the woman at the moment of marriage. These could consist of jewelry, money, etc. After a divorce, the wife will also have ownership rights over these assets. However, if the husband helped pay for these presents, he has the right to recover his investment in the event of a divorce. According to Section 14 of the Hindu Succession Act of 1956, the joint property acquired by partition is an absolute property or Stridhan. A woman has full authority over the alienation of absolute property, which means she is free to gift, sell, lease, trade, mortgage, or do whatever else with it.
The investments made by the husband in his name are not subject to control by the wife. Additionally, she is not eligible to file a claim for any insurance for which the husband has paid payment. However, if the couple has simply begun living apart and the marriage has not yet been legally dissolved, the woman may be entitled to the insurance payout in the terrible case of the husband's passing.
Woman’s Right Over Joint Property:
Recently, it has become more and more typical of a husband and wife to purchase real estate that is registered in both of their names. For a variety of reasons, including tax advantages and financial savings, this is being done. If the property is listed as joint property, the woman is entitled to a share in it in the event of a divorce. The court can give her a portion as part of the divorce settlement, depending on the sum and percentage of the contribution.
Either spouse may submit a request with the court and ask for exclusive or another type of management and control over the business activities if they are unable to operate a business together. This frequently occurs when one spouse engages in behavior that is detrimental to the joint business they own, whether purposefully or inadvertently. If the husband finds evidence of misappropriation of funds by the wife regarding the business, then he might choose to file a case of criminal breach of trust in court.
The business can also be obtained from the wife by means of negotiation between the two parties. If the husband wants a complete share in the business, then he might offer his wife remuneration for the 50% share to which she is an owner and buy those shares after negotiating the price. The negotiation can also be carried out with the help of Corporate Lawyers In Mumbai. Such Business Lawyers In Mumbai have developed competency in dealing with negotiation with respect to business terms.
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