Property Ownership And Spousal Rights In India
India does not automatically follow a 50–50 split like in some Western countries. Each spouse retains ownership of property registered in their name.
The wife can claim maintenance (alimony), residence rights, and a share in joint property or streedhan (her personal belongings, jewellery, etc.). If the property was jointly purchased, the court may divide it or order compensation based on contribution.
Under Section 27 of the Hindu Marriage Act, the court can pass orders regarding jointly owned property.
Quick Reference
Issue | Explanation |
---|---|
Automatic 50–50 Split | India does not automatically follow a 50–50 split like some Western countries. |
Registered Ownership | Each spouse retains ownership of property registered in their name. |
Wife’s Claims | The wife can claim maintenance (alimony), residence rights, and a share in joint property or streedhan (personal belongings, jewellery, etc.). |
Jointly Purchased Property | If the property was jointly purchased, the court may divide it or order compensation based on contribution. |
Relevant Law | Section 27 of the Hindu Marriage Act allows the court to pass orders regarding jointly owned property. |
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