• Will there be any problem if my brother buys a property with a maintanace and divorce case going on?

Hello sir.... i am asking this question for my elder brother.....he got married in 2015 september to a girl who was a divorcee with no children from the first marriage. She was promiscuous and always preferred to stay at her mother's place and wanted my brother to visit her once a month to give away his salary....within a period of 1 year he understood what was going on and asked her to mend her ways but she did not comply with...she and her mother threatened him with dire consequences .So my brother filed for a divorce and she filed for maintanance. Within this 1 year my brother's wife gave birth to a girl child and we are not sure who is the father? In maintance case the girl has finished her cross and has been given time to submit proofs. She requested for a transfer of divorce case to her place(GUNTUR) citing difficulty in travel.Now my brother is planning to buy a flat with loan. His wife will never know this but is there any chance of tracing using aadhar or pan card?
Asked 7 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Under no circumstances should your brother buy any flat during pendency of divorce case 

 

2) wife can claim right to stay in said flat 

 

3) also seek injunction restraining sale of property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There is no problem in purchasing the flat after procuring the loan from the bank even in case there is divorce case pending with wife.

In case there is any confusion over the biological father of the child during the divorce petition this can be taken up and pray to the code to get the DNA test of the child to determine the biological father.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It is not yet linked. So there is no problem to go ahead.

Please rate the answer if you like this

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

Since she was not in regualar cohabition with your brother, he must deny his parent hood and request for DNA test. It this is proved that child dose not belong to your brother, divorce will grant and maintainance to pay.

Further wife living away from husband without any reason/by her chioce not entitle to maintainance. Even she got to know about the property, she has no claim in it and through adhar no. it is not traceable neither need to attach adhar with sale deed as address proof.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Tracking not possible, only income tax authority can track. By the way why your brother hiding this transaction. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

yes she can trace it and also if there comes a chance where the brother is required to file affidavit then he will have to disclose.

even if she comes to know she can not do much, she does not have any right on the said property. 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Offer to pay wife lump sum amount as alimony in full and final settlement of her claim 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Wife can make application in court to direct husband to disclose assets standing in his name 

 

2) she can engage detective agency and gather evidence in respect of property standing in your name 

 

3) if you make false statements on oath wife can file application for perjury against you 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) if you are not father of child you don’t have to pay maintenance 

 

2) if you are convinced you are not father of child then only make application for DNA test 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Certainly, if he is sure that kid dose not belongs to him than only go for it otherwise why take chance. Well, than defend you case on the ground of willful desertion.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

See even if the brother buys the flat and she comes to know about the same then also she has no right over the property. Further she cannot track the registration without the registry number. 

 

It cannot be traced from the adhaar card.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can her offer the money for the settlment and mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No she wont be able to trace it, as the documents are priavte she will not have access to same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See DNA if your brother is not father, the boys DNA wont be similar to him so  under Indian evidence act suit can be filed DNA test can be asked. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even is she is coming to know about the purchase of his property, she cannot claim any share in it as a right.

Until she is not having any clue about it she cannot trace out the details.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

How can my brother bring her to one time settlement ?


He may ask his lawyer to contact her lawyer and negotiate the one time settlement amount, provided she agrees to the proposal.


T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I hope tracing is not possible with the help of pan or aadhar?

You are right in your understanding, it will be difficult to trace out the details with the help of aadhar number

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

But sir DNA test is not a full proof test...it is a reported as percentage of genetic similarity...his present lawyerhas dissuaded him from doing that as the consequences would be unfavourable for if the similarity is there...

It is advisable to follow his lawyer's suggestions and guidance because this is a very sensitive issue and it may even backfire if the tests proved futile or against him

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer