How property and jewellery are divided after a divorce in India, focusing on the husband's rights:

Movable Property

• The husband has a right to any jewellery, valuables, or gifts given to him by the wife's parents before, after, or during the marriage.

  • If you're an NRI, you may want to set up a trust with non-resident beneficiaries to ensure the protection of such assets in India.

• If the husband bought an asset in the wife's name without gifting it, it does not belong to the wife.

  • Trust registration can provide a secure way to manage and protect assets that are jointly held, especially when dealing with properties in multiple jurisdictions.

• If the wife spent her earnings on household expenses, they cannot be claimed back.

  • For NRIs, setting up a trust with non-resident beneficiaries ensures that assets are protected and distributed according to your wishes, avoiding disputes.

Immovable Property

• Husband's ancestral or self-acquired property: The wife has no right over ancestral property. She can stake a claim to self-acquired property only if she is a joint owner or has contributed financially to its purchase.

  • Consider registering a trust for assets in India, ensuring proper distribution even if disputes arise during marriage or divorce.

• Property jointly owned, but loan taken by the husband: The husband can have a strong claim to a significant portion of its value.

  • If you're dealing with marital property, it may be beneficial to register a trust using power of attorney to manage the property in India, especially in cross-border legal matters.

• Property jointly owned and loan taken by both: The property is divided fairly based on the proportion of financial contribution by each spouse.

  • If you're an NRI, a trust with non-resident beneficiaries can provide clarity on how to handle shared assets.

• Property owned and financed by the husband: The property belongs to the husband.

  • For NRIs, setting up a trust with non-resident beneficiaries can help manage the distribution of assets, ensuring a smooth transition post-divorce.

• Property owned by wife, loan taken by husband: The wife is the legal owner, but if the husband can prove he paid the loan, he can claim a stake.

  • Trust registration ensures that all assets, including those owned by the wife, are legally protected.

• Property owned by husband, loan by wife: Courts may consider it marital property and divide it fairly based on the wife's contribution.

  • In such situations, Inheritance tax in India for NRI laws can be factored into your estate planning to ensure that the wife’s contributions are taken into account.

• Property owned and financed by wife: It is considered the wife's separate property and won't be divided in the divorce.

  • Can OCI be a trustee in India? Yes, an OCI can serve as a trustee, making it an excellent option for managing marital or personal property in India through a trust.

Also Read: Steps husband can take if wife files false dowry or domestic abuse case?