Government bid to give wives inherited property share
NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.
The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".
The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.
Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.
The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.
http://articles.timesofindia.indiatimes.com/2013-04-30/india/38929151_1_inherited-property-joint-family-property-special-marriage-act
NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.
The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".
The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.
Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.
The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.
http://articles.timesofindia.indiatimes.com/2013-04-30/india/38929151_1_inherited-property-joint-family-property-special-marriage-act
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