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U* The husband owns property worth approximately ₹10 crores, including land, a hotel, and etc other assets.
* The wife wants to claim her share of the property after the divorce or during filing the case of domestic violence and divorce, and she wishes to have the option to choose how to receive her share (e.g., specific property or equivalent monetary value).What are the legal rights of the wife in this situation under Indian law? Under Hindu Marriage Act?
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FNAL but I think it matters a lot weather the said properties were acquired by husband after marriage or before marriage ..if bought before marriage then i don’t think she can directly claim the property but ask for alimony ( one time or monthly ) on basis of net worth and assets held by husband , hope the women is demanding what she rightfully deserves and is not abusing the laws.
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UAs far as i know even after marriage the wife needs to show that she had contributed financially to the acquiring of the property to claim her share in it.
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UNot possible unless both husband and wife bought the property together, valid proof needs to be submitted to claim the property.
If its inherited then wife may forget about it, dont fall into lawyer traps about not achievable promises.
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UCan you please explain – what did you just wanted to say after “Lawyers Traps”? Please, elaborate more, helps.
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UThey would take you for a ride promising things which aren’t remotely possible, dragging the case for many years only to get stuck down.
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UNAL
I believe Supreme Court guidelines said after divorce wife gets about 20-30% of husbands net worth. So self acquired property, you pay about 20% and these are for longer marriages generally.
If it’s ancestral property, she will not have a share, but any earnings from it maybe allotted. If they have a child, then a share may be allotted.
If it’s a property both acquired, then it’s split that way.
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P1. If you are going through a mutual divorce, both the husband and wife have to decide how the assets can be distributed between them. The same will be ordered by the court, if found just and right. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
2. if she is not willing to file a mutual divorce, and proceeds with contested divorce and demands for share in the property, both the spouses are asked to declare their assets and liabilities through an affidavit. Only after perusal of these facts, the court takes a decision on amount of alimony and maintenance. To understand further read here [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
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**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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