Answer:
Self-acquired by husband: Unless and until the property is in the name of both the spouses (i.e. wife and husband), the wife may not claim the self-acquired property of the husband before or after marriage.
Jointly acquired: The wife may stake claim to the jointly acquired property from her husband. Conditional staking depends upon various factors, including consideration paid by wife and consent of wife.
Gift received during marriage or stridhan:
The wife can claim gifts received during marriage by her husband and can even stake claim to her husband’s property by virtue of being gifted through inheritance or any other manner. The wife is entitled to such gifts or stridhan as per personal law applied to her.
Alimony / Maintenance: The wife is also entitled to money that is received from husband by way of maintenance or alimony. She can file a criminal complaint or a petition for the same and can use that money to buy property of her choice.
Divorce Lawyer In India will help you understand what rights you can stake a claim to and how to go about producing evidence for the same in the court of law.
Contact Advocate BK Singh to know how you can stake claim on your husband’s property after divorce. Lawyer Singh will analyze all the property papers and will suggest you the rightful claim you can stake. We will help you file a petition, negotiate and represent you in court to help you get access to your estranged husband’s property.
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By Advocate BK Singh
Supreme Court | High Court | Tribunals
