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Author Topic: Should Property on Bank Loan be shown while filing Divorce Case  (Read 496 times)

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Offline nalla

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Hi All,

Please let us know whether the property Purchased in the name of the boy with Bank Loan be shown on Filing a Divorce Case  as a asset..

 Thank you in advance

Offline adv.amarnath

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Re: Should Property on Bank Loan be shown while filing Divorce Case
« Reply #1 on: March 31, 2016, 05:27:17 AM »
No.... in divorce matter what loan issue will help?
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Amarnath Sanyal
Advocate
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Mob - 09830303322

Offline nalla

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Re: Should Property on Bank Loan be shown while filing Divorce Case
« Reply #2 on: March 31, 2016, 11:20:11 PM »
Dear Adv Amarnath Sir,

May be i framed the question wrongly

We heard that When a boy files for divorce, all the property in his name has to be declared...

So my question is , should the property which the boy purchased in his name before marriage with a bank loan  be declared or not.

As the property is registered with Bank and all the title documents are with the bank, is it necessary to be declared...

Even if it is declared while calculating the compensation for the girl , will this property value and the Outstanding Loan will be considered or only the monthly salary of the boy is considered..

Thank you

Offline adv.amarnath

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Re: Should Property on Bank Loan be shown while filing Divorce Case
« Reply #3 on: April 02, 2016, 09:34:39 AM »
Brother, I think you have been misguided by some fool or you are in total wrong conception about the divorce petition. Please go through the Hindu Marriage Act or Special Marriage Act which is applicable in your case. Asking this type of question is not expected from a layman also.

In divorce petition, no where it is written to disclose the husband's property. Further in the law it is not written that the wife is entitled to get lump sum share of property nor she will get a huge sum of money as compensation. All are rumours. If it has been agreed between the parties that husband will pay a lump sum money as permanent alimony then it can be done for the safety of husband.

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Amarnath Sanyal
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Offline advjaibansal

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Re: Should Property on Bank Loan be shown while filing Divorce Case
« Reply #4 on: April 28, 2016, 03:21:28 AM »
Dear Sir,

In New Delhi for filing any petition for divorce or maintenance under section 125, it has to be accompanied with Income Affidavit as per the recent judgment passed by the Delhi High Court. If you wish to file any petition for divorce in Delhi, then it has to be filed along with income affidavit, where you have to disclose the details of the property and other loan as per the format of the said affidavit.

Out side Delhi there is no such provision that you have to disclose the loan or property while filing for divorce.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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