Q. .1 see since it is mutual divorce husband and wife decide the maintenance or alimony to be paid to either side. She should file a contested divorce on ground of cruelty and desertion and should ask maintenance from husband.

2.see both are owners if both.kutually sign gift deed to son then only it can be transferred.

3. She should file a contested divorce.

4. For house if wife paid complete amount she should file a declaration suit along with the money proof in the civil court.

1) Actually wife should ask for lumpsum one time alimony of 15 lacs. So don't give single penny to husband.

2) Yes, the property can be transfer on her son's name.

3) No, ask her not to pay money.

4) Wait for court order.

5) Get signed documents from husband to release papers and submit to wife.

1) wife should not pay husbnd Rs 15 lakhs for divorce 

2) only if wife wants to remarry should she pay any money for mutual divorce 

3) you have not mentioned what is husbnd income , wife income 

4) only on loan being repaid should flat be transferred in son name . Bank would not agree on any flat transfer during pendency of home loan 

5) wife can file declaratory suit that she is absolute owner of house as full consideration wa Spain by her 

Since house  is in joint names bank would insist on signature of both parties for handing over original documents 

The basis of consent divorce is mutual consent and you can't be compelled to agree to terms of your husband. 

If no agreement is arrived at, the only option is contested divorce

You can file for maintenance application for you and your child U/Section 125 of Criminal Procedure Code in the appropriate Court and serve the notice to your husband through the Court. After getting the order of maintenance only you proceed for divorce by making Talaqnama/ Mubaratnama as required by the Court.

Don't give mutual divorce, file maintenance application in court against husband. They need to transfer it in son's name.

Do not give divorce, file maintenance under crpc and also seek maintenance and right to residence in Dv act, dont pay 15 lakhs, no matter how cruel wife is, husband has to give flat and alimony

1. As per the information mentioned in the present query, makes it clear that the house was bought on the name of both ( as it is not clear in the present query, but I am assuming).
2. But, yes as he has not paid anything to the bank, his claim in the property goes as per law.
3. No, he can’t ask for the same at all, infact he may have to give maintenance for the child.
4. Try to explain  the bank about hot the situation, if still they compel for the same then you may have to go for the litigation as in to declare the property solely yours.

Hi,

You may enter into joint agreement for transferring of house to son on getting his major. The demand of money can be settled and negotiated through mutual talks.

Dear Client,

It is wife who demands settlement amount, They are living separate from 7 years, valid ground for divorce, if not MCD.

Son will have ownership on their intestate death.

No, better she demand alimony.

File has ownership acc. to percentage of contribution in purchase which she can get declare through court. File declaration suit and make bank party too. Relief should be - declaration of ownership acc. to contribution and interim relief - release of document and loan closer report/release of mortgage. 

First send legal notice to bank for release of document to her being actual contributor and part owner.

1.  Her husband is demanding his share or compensation in lieu of his share in the property and not that he has demanded money for mutual consent divorce, hence better try to udnerstand the situation and ask proper question. There is nothing wrong in he demanding his share in the property which is jointly owned.

2.  No, he is not the owner now, hence it cannot be transferred to his name at a later stage also.

3. First understand the answer given in numbr 1 above and then repeat this question.

4. It is her decision, you leave it to her.

Even though the loan has been fully repaid by her alone, the law says that this property being held jointly by both, the property documents can be handed over to both of them and not to anyone.

He has to be present to sign the papers held by the bank for having received the property documents along with her, hence she cannot take it back by herself.

She can send a legal notice to him to appear before the bank to sign the papers  to receive the documents back and initiate further legal steps in this regard through court of law, if he refuses to sign the papers.

Dear Sir,

My answers are as follows:

1. is it legal for husband for ask for money to wife for mutual divorce.

Ans: As dispute arise it is legal to claim his share of EMI’s paid to purchase the house and not more than that if husband is ready to transfer entire house property exclusively in the name of wife.

1. if their son becomes major or 18yrs can house be transferred to sons name, home documents are still with the bank.

Ans: It is for the mom to decide as son will not get any share in self acquired properties of his parents during their life time. 

1. should the wife go ahead and pay 15 lacs for divorce.

Ans: If it is profitable for the wife then she may pay Rs. 15 lacs and get the house transferred in her name.

1. Or leave the court case and wait for son to be adult.

Ans: Court will not decide such issues but only decide alimony of the wife. After paying Rs.15 lacs wife may ask the husband to come over to bank and wife can get documents from the bank.