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Author Topic: Wife entitled to get property share - not sure ???  (Read 1214 times)

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Offline accadviser

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Wife entitled to get property share - not sure ???
« on: August 21, 2015, 04:47:39 AM »
Hi,

My wife has filed DV case and have also filed complaint in women cell against me half a year back.
Currently, we have mediation going on, which appears to be on the verge of failure as wife has demanded and adamant to get huge alimony to settle, which I can't afford.
(1) Now, I'm looking for advice on whether she can further claim and will be entitled as per laws to get share in my flat.
This flat, which I bought after marriage on my name only, is currently on loan and I'm paying EMIs by my own.
I have been reading articles and consulting lawyers, but I get different advices. Please suggest.

(2) If she is entitled for any share in this flat, what if, if I sell off this flat or transfer it to someone in my relation ?
Whether this can go as an adverse to me ?

Kindly suggest.


Offline adv.amarnath

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Re: Wife entitled to get property share - not sure ???
« Reply #1 on: August 21, 2015, 10:41:29 PM »
Generally permanent alimony settled down everything but I find, as per your version, that your wife is taking revenge from you as well as to some extend she is greedy on your wealth. So, better you should settle down this matter by paying a permanent alimony and get rid from her.

Now, in respect of your flat, you have not mentioned that your wife has any demand regarding half share from your property. Considering that if she demand through court then you should provide details of flat is under mortgage. Once it comes before the court that the property is under mortgage then court will not pass any order to give her half share from your flat. Generally, property is given when maintenance cannot be given or legitimate permanent alimony is being demanded by wife.

You cannot transfer the mortgage property/flat to your near relation which may affects you adversely in some where in future. One thing you can do, you can extend your loan period until you get rid of your wife.

For further enquiry you can call or email me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline accadviser

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Re: Wife entitled to get property share - not sure ???
« Reply #2 on: August 30, 2015, 11:59:16 PM »
Hi, So far, my wife hasn't filed or claimed for share in my property, but considering her demands, it seems she will not settle the matter at any less and this could be her next step. Hence, I was looking for answers about her legal rights on my property, while from some sources, I got to know that she has only residential rights, but she can not claim for share, kindly validate.

Further, I have two kids, whom she has taken along with her, while leaving the house (& City).
1) Whether should I file for guardianship at this stage or whether any other case can be filed from my side.
2) What should I do to prevent myself and my family (parents/brothers) from false case(we have always been living separately)?



Offline adv.amarnath

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Re: Wife entitled to get property share - not sure ???
« Reply #3 on: August 31, 2015, 09:44:12 AM »
If you failed to pay her maintenance as per the court orders on that event court may consider to get half share of your property.

1)Definitely you should have filed this very early stage under the Hindu Guardian and Wards Act. Now you can file it also.

2)You have to do nothing. False case can be quashed from High Court.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advamrita

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Re: Wife entitled to get property share - not sure ???
« Reply #4 on: September 11, 2015, 06:00:25 PM »
Just pay for your children's maintenance on your own don't wait for court orders on that.

Than get a good lawyer to delay your matter endlessly.
Frustrate your wife.

Finally she will come for mediation.
Solve it then.

Your job is delay that's all

 

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