You are here:

Indian Law/property rights


i m a married woman . 1999 is my marrige year. i've two children. now my husband wants divorce and he has applied it in the court.he had bought a flat three years before. but i know nothing about the flat. but i m sure that he had a flat before applying the divorce means three months before . can i claim for the flat.if yes ,what is the procedure?

As per the Marriage Law (Amendment)Bill,2010 now pending before the Rajya Sabha,wife's share in property owned by husband would be 50%.
Earlier, before this change there was no quantum defined about a woman's share in her husbandís properties. It varied from case to case.Now with the proposed change, a woman will unconditionally enjoy equal share in all the residential properties owned by her husband. However, in this case, woman will have to specifically apply for her share.She should be aware about this law about this new law .
Further this rule will be applicable to all the properties of the husband acquired before and after the marriage, whereas as per the existing law the wife gets share only in those properties which were acquired by husband only after marriage.
It will be applicable in your case,provided the new Act has come into force and not before that.
You may verify through a lawyer the title-deed of the property in order to ascertain the exact date of purchase of the said property.
Please consult a lawyer for appropriate actions on the matter.

Indian Law

All Answers

Answers by Expert:

Ask Experts


Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

©2017 All rights reserved.