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Author Topic: Property distribution after divorce  (Read 1308 times)

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Offline Arunlal1010

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Property distribution after divorce
« on: February 15, 2015, 11:42:48 AM »
If elder brother of the family is married and younger brother is not (only 2 sons in the family) and the elder brother seeks divorce (but the elder brother doesn't earn anything, he and his wife are totally dependent on the parents), then how much from parental share goes to the wife.
If the parents make younger brother the legal heir to all their property, then is there any compulsion on younger brother to give compensation to the wife of elder brother in case of a divorce, if yes how much? Can younger brother deny giving anything to the wife as compensation?
Thanks

Offline Advocate M.Bhadra

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Re: Property distribution after divorce
« Reply #1 on: February 15, 2015, 08:27:20 PM »
Wife has no right of husband's property and in-laws's property during life time of husband and also she shall have no right after divorce. But she can claim maintenance and residence right form husband only and she can claim only maintenance even after divorce form her husband.

-----------M.Bhadra, advocate at Kolkata,9836589246

Offline Arunlal1010

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Re: Property distribution after divorce
« Reply #2 on: February 16, 2015, 07:32:54 AM »
Thank you for the reply
But a doubt still remains. If husband is not capable of paying the maintenance to the wife at all and all the property from the husband's parents is in the name of the younger brother of the husband, then will the younger brother be under any compulsion of paying for the maintenance of the elder brother's wife?

Offline saravanan.s

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Re: Property distribution after divorce
« Reply #3 on: February 22, 2015, 08:41:58 AM »
even if your elder brother doesnt  have a penny in his hand he got to beg and give maintenance to his wife.even in the situation you mentioned you need not bother about the maintenance

 

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