By Accommodation Times News Service
The Union Cabinet is coming to a discussion with an amendments to the marriage laws which at the time of divorce the husband would give the wife an equal share of not only the property acquired him during or before the marriage but also his inherited or inheritable property. This very amendment is likely to be very controversial it aims 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 also have rights in the inherited property which is impractical to divide the amendment proposes to compensate the wife with an equivalent amount of money in place of her share. The proposed amendment 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 government had bought in a bill to grant the wife the right to 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. The government has decided to create a special provision in case of inherited properties in light of a supreme court order that co-owner of joint family property does not have the right to sell his undivided share. Taking in the SC orders the government contended that giving over half the share of the husband could lock future litigation.