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Author Topic: Post Divorce - Property Blues  (Read 786 times)

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Offline man29

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Post Divorce - Property Blues
« on: January 17, 2017, 12:58:14 AM »
During happy days, I bought a housing property (with housing loan from bank) and registered the property on myself and my then wife as equal share holders.  Apart from housing loan on my name, We both took personal loans from banks for the same purpose. With in one year of buying the property, Her behaviour forced me to file divorce. After about two years of legal fight, I was awarded divorce from court. (On the grounds of cruelty from my wife). She did not contest further on court decision. However, I continued to pay all the loan instalments without fail for the property and for the personal loans we took. I already re-paid all loans on her name (with cheque, NEFT). The only loan is on my name for which I am paying regularly right now. I gave monthly maintenance to her for over 3 years after separation all-though she did not ask for and neither court directed me to do so. The property is in my possession. I even invested additional amount from my pocket for further repairs and beautification of the home.

Recently, she got married to someone else. aAfter being silent for 9 years,  now she is demanding her stake in the property. What should be my stand now? Will I loose my case if I goto court? Wont I have any right on my hard earned property? Are there any similar cases that I can refer to?

I do not have any inherited property BTW.

Thanks in advance.

Offline advkkreddy

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Re: Post Divorce - Property Blues
« Reply #1 on: January 19, 2017, 08:15:21 AM »
is the property concerned registered in your name? or is it registered as co-owners
Champion in law of Torts in India

Offline advjaibansal

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Re: Post Divorce - Property Blues
« Reply #2 on: January 20, 2017, 12:58:30 AM »
Dear Sir,

You need to file a suit for declaration to declare yourself as sole owner of the property as the entire amount was paid by you against your wife. Or else settle with her by paying some money and keep the property. Legally as if now she has equal share in the property despite the fact you have paid the amount.

She is registered co owner of the property having equal rights like yours on the property.

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

Offline man29

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Re: Post Divorce - Property Blues
« Reply #3 on: March 01, 2017, 11:01:02 AM »
Dear Sir,

You need to file a suit for declaration to declare yourself as sole owner of the property as the entire amount was paid by you against your wife. Or else settle with her by paying some money and keep the property. Legally as if now she has equal share in the property despite the fact you have paid the amount.

She is registered co owner of the property having equal rights like yours on the property.

Regards,

Thank you for your advice sir.

On filing suit, How likely that, I will be declared as sole owner of property? Will you please quote some cases in this regard? Thank you again.


Offline man29

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Re: Post Divorce - Property Blues
« Reply #4 on: March 01, 2017, 11:01:47 AM »
is the property concerned registered in your name? or is it registered as co-owners

Registered as co-owner.!

Offline adv.amarnath

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Re: Post Divorce - Property Blues
« Reply #5 on: March 03, 2017, 07:13:37 PM »
Recently, she got married to someone else. aAfter being silent for 9 years,  now she is demanding her stake in the property. What should be my stand now? Will I loose my case if I goto court? Wont I have any right on my hard earned property? Are there any similar cases that I can refer to?

Ans: It is a very simple case. You need to file a suit for declaration and permanent injunction valued at Rs.200/-. Your case  should be prepared with the provisions of benami transaction act and there is chances to succeed in your case.
Regards,

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

 

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