Whether it is maintenance or property, women should not give up these money rights

Be it alimony or property, you should be clear about what you can ask for in the event of a relationship breakdown.

property

A. If the property is held jointly and paid for jointly by husband and wife: “If the wife gets separated or abandoned by the husband, she can claim her share from the husband’s share besides the 50 per cent share in her name,” says Raj Lakhotia, founder, Dilsewill. She also has the right to remain in the property until the divorce is final.
B. If the property is in the husband’s name and he paid for it: The property is considered self-acquired by the husband, but in case of separation or abandonment, the wife can claim her share as she is a Class I legal heir. In the event of a divorce, she can only claim her share as maintenance.
C. If the property is in the husband’s name but the wife paid for it: The husband can assert this claim unless the wife can prove her contribution to the purchase of the property. In this case, she can make a claim on the property.
D. If the property is in the wife’s name and the husband paid for it: “The woman is the sole owner unless the husband can prove his contribution,” says Lakhotia. In such a case, she can only claim maintenance in the context of a divorce. If the wife is abandoned or separated, she can assert her claim as a Class I legal heir.
e. If the property is in the wife’s name and the wife paid for it: Any property acquired by a woman from her own resources before or after marriage belongs to her and she can sell it, keep it or give it away to anyone she wants.

Also read: 7 ways women can be cheated out of their hard-earned money by their spouses and how to avoid it

Movable property
The wife is the sole owner of her own investments and gifts acquired by herself or received before or after marriage including jewellery, stocks, bonds, fixed deposits, insurance policies etc. which are her Streedhan. She can also claim jewelry and streedhan from her in-laws’ property and if she fails to do so, she can get relief under Section 14 of the Hindu Succession Act 1956 and Section 27 of the Hindu Marriage Act 1955, according to Lakhotia. If the husband has paid any gifts, he can make a claim, but only after the divorce.maintenance
During a legal separation, the woman can claim maintenance for herself and her children under Section 125 of the Indian Penal Code. There are two types of alimony: Interim alimony: This must be paid by the husband from the date of filing the alimony petition with the court until the date of dismissal of the petition to help the wife survive financially during the court proceedings. Permanent Maintenance: This is paid by the husband as a final settlement under Section 25 of the Hindu Adoption and Maintenance Act 1956, either as a lump sum or as a monthly amount fixed by the court, for life.

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