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  1. Ahrihant Jain
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    It is a stressful and traumatizing situation for a couple to come to the destination of separation. With lots of emotional baggage, you hold the burden of legal formalities when filing the divorce. Women's rights are a usual topic of debates and news headlines. Take a look at women's rights after divorce. Can a wife claim husband property after divorce in India? 

     


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    Women rights on the joint property between her husband and wife:

    • At the time of divorce, a woman can claim in court for her rights and contribution to the property.
    • If the property is exclusively in the husband's name in such a situation, women can not acquire the share from the property until she proves her share she has given at the time of purchase of the property.

    Women rights on Husband self-acquired property 

    As per the law, a wife can not claim a share on the husband's property, which is registered by the husband's name only.

    • If the couple has kids and after separation, they will live with their mother in such a scenario, the biological adult children can claim genetic rights on their father's property.
    •  If the husband is giving maintenance to his wife and their children. Then he will hold the ownership title of his property.
    • If the house is registered with the husband's name, he has no right to ask his wife to move out of the house. Women have the right to stay in their husband's house till the process of divorce complete.

     

    Women rights on Ancestral property of her husband:

    • The wife has no rights to the husband's ancestral property.
    • Only biological children can claim ancestral property.
    • If a man marries another woman after divorce from the first wife and later he gets blessed with kids from the second wife then those kids can claim the right to ancestral property.
    • In such a situation, the court will distribute the ancestral property equally. Between the children from the first wife and children from the second wife.

     

    These are the rights of a woman on a husband's property. Concluding to this: can a wife claim husband property after divorce in India is no wife can not claim for husband's property. She can only claim for a property on which she gave her monetary share. She can claim maintenance for a better lifestyle after divorce, which is called alimony.

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