Legal Question in Family Law in India
A couple is living independently in the family home owned by the husband's father. Now if in case they get divorce, who can stay where? If wife has to vacate the house, where can she go and live? Can she reclaim her share in the ancestral property that she had already given up? What at maximum can she claim from her husband if they both are equal partners (50% each) in their business?
1 Answer from Attorneys
In case they divorce, she has to move out. She can claim maintenance for her security. She has no right in the ancestral property of the husband, but if she has been staying undisturbed for more than 12 years she becomes owner of her portion by adverse possession. In case they are running a business in equal partnership, she just gets the 50 % business share. Her share in property would be governed as stated above.
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