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Now, women to get a ‘fair’ share of husband’s property

May 01, 2013

The Indian government is considering an amendment to ensure women get a fair share of their husband’s property post-divorce.

The Union Cabinet is expected to discuss on Wednesday an amendment to the country’s marriage laws that may ‘land’ women a much larger share of her husband’s ‘real estate’ booty post-divorce than is possible now.

The amendment seeks to guarantee to the ‘fairer sex’ an equal share of properties procured by her husband both during and before the marriage as also his inherited and inheritable property.

The legislative change will redefine the word residential, bringing into its wider embrace all properties acquired by the husband.

Should other family members too have claims on the property hindering such a division, then the husband would have to pay his wife a monetary compensation equivalent to her share.

Post the amendment (if it ever happens) the wife would have an equal right to all of her husband’s property: acquired and inherited, held by him jointly with her or solely.

Further, to protect women from the prospect of lengthy litigation the amendment provides for the court to decide if she should get money in lieu of her share of jointly-held properties.

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