• Mutual separation

The couple wants to go for mutual separation.
They both own a joint property (flat). It was paid for both of them in equal proportions from their respective earnings. Husband wants the wife to move out. Does not wish to sell the flat. He does not have lump sum money to buyout the wife's share. Taking loan against property involves wife as a co-borrower as she is a co-owner of the property.
Husband is willing to pay a sum of Rs one Lac a month over a period of 50 months.
They have a girl child six years of age. Mother wants to retain the custody of the child.

How should this case be handled to solve it amicably with due safe guards for both the parties.
Will be garteful for professional advise.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1. First of all the wife shall have to decide the amount of compensation she would like to claim from her husband for appending her signature a the mutual consent divorce petition for jointly filing the same.

2. After the said amount has been decided by the wife, she shall have to decide the mode of payment of the said compensation which she will accept from her husband.

3. She is the co-owner of the said flat and can claim the custody of her daughter.

4. so, if she wants a compensation of Rs.20 lakhs and the cost of the flat is Rs.60 lakhs now, then her share of the same will be Rs.30 lakhs now for which her total claim should be Rs.20 lakhs + Rs.30 lakhs = Rs.50 lakhs now.

5. She should demand payment of Rs. 25 lakhs while signing the mutual consent divorce petition and the balance Rs.25 lakhs just at the time of appearing before the court for the 32nd motion after which the decreee of divorce will be passed.

6. The proposal of paying the above compensation in 48 installments without any security should be a completely no no from the side of the wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Consent terms should be signed wherein it is mentioned custody of minor child will be with mother and father awarded visitation rights

2) that wife will execute gift deed for her 50 per cent share in flat

3) that husband would pay her Rs 50 lakhs for purchase of her share in flat to be paid in50 months with instalment of Rs one lakh per month

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

q.Since of their names were reflected in the title deed wife has one half share in the proeprty.

2.So without getting one half value of the property he may refuse to move out of this.

3. The think best solution to resolve this is to pay one half value of the property to wife and get a deed executed by her relinquishing her share in the proeprty.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. If they want to go for mutual divorce then they have to reach a positive agreement on all the outstanding issues, failing which there can be no mutual divorce.

2. If the husband is willing to pay one lac monthly for 50 months, and it satisfies the amount spent by wife to become a joint owner of the flat, she may accept it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In a mutual consent divorce there will be a memorandum of understanding wherein all the terms and conditions agreed mutually between both the parties will be drawn on the agreed terms and shall be reduced to writing, duly witnessed.

Thus you can negotiate the terms of payment towards her share in the property and may ask her to release her rights in the property by executing a registered gift deed in your favor. The child custody and the alimony issue also may be mutually agreed and the terms can be in writing in the MOU.

The agreement depends on how she reacts and agrees because she may be having her own design to this.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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