Legal issues are frequently intricate in nature, need careful professional participation to direct things effectively. One such issue is a woman's post-divorce right and the conditions under which a separated or divorced wife may assert her claim to her ex-property. husband's Continue reading to get all the important information about a woman's post-divorce property rights.

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Although a man and woman's marriage is an eternal relationship, when they decide to divorce, many things are separated, including the assets they hold. Given that real estate is typically the most valuable asset a couple owns, dividing it can be considerably more difficult. In India, a woman's claim to her husband's property depends on how they split up, such as by divorce, mutual separation, or desertion. Here are all the specifics about a woman's rights in each of these situations. In the event that a couple files for divorce, what property rights does the woman have?

A marriage is not deemed to have been cancelled under the Hindu Marriage Act of 1955 until the husband and wife formally separate by applying for divorce. If the property is owned by the husband in this situation, the first wife cannot assert her claim to it. She does, however, have the right to request maintenance for a lifestyle that is equal to that of her spouse up until the point at which she marries again. When a man gets remarried, the second wife obtains the right to inherit a portion of the man's assets while the first wife loses that right. However, the children of the first wife continue to be entitled to a portion of their father's estate.

What property rights does a woman have if her spouse deserts her?

The woman and her children have the right to claim their portion of the father's property if the husband has abandoned the wife but she has not filed for divorce. The legal wife and her children are given precedence by the law if the husband had children from a previous marriage.

For instance, there is a property that is owned by the husband, the legal first wife and her children (two sons) can claim their right in the property owned by their genetical father. In such a case, the father/husband will become the fourth shareholder of the property and the children from the second marriage, including the second wife, can claim their share only from the father’s share of the property.

Possessions of a divorced or abandoned wife

The wife has the right to take control of all that belongs to her in the event of abandonment. She becomes the sole owner of all she possesses, including her jewellery, bonds, fixed deposits (FD), insurance policy, and other possessions. She also has the right to retrieve the jewellery that her family gave her and that is now in her in-laws' possession. Under Sections 14 of the Hindu Succession Act of 1956 and Section 27 of the Hindu Marriage Act of 1955, the husband or his family is held responsible if the in-laws do any misbehaviour with her while returning the same.

"A woman must preserve any receipts, evidence, and associated paperwork that are gifts in the marriage with herself since they serve as a proof that these goods belong to her."

A legislation banning NRIs who desert their wives after getting married in India is finally being planned by the Indian government to defend the rights of women. It is anticipated that the law would include provisions that will cause their passports to be revoked and prevent them from working abroad.

Source From:- navimumbaihouses