• Property status which is registered as joint owners

My sister and her husband are joint owners of two flats each, one is without loan the other one has outstanding loan of 40 lakhs. My brother-in-law is presently in govt service and is retiring in next four years, the outstanding loan on the second house will get cleared by then. My sister has not contributed for procurement of these two flats but is the co-owner as the property is jointly registered on both of their names. My sister is seeking for divorce on mental cruelty as her husband is not treating her properly due to an affair with another lady, can she have a right on these two property or she will have to go for one time alimony. Secondly what will be the percentage she can claim as both the children will be moving with mother, however both children are above 18 yrs. Please advice.
Asked 7 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Share in joint property is determined in the proportion of contribution made towards consideration by each.  Since your sister has not contributed anything towards consideration of the property she will not be eligible for any share in that property if a claim is made to this effect. 

Your sister will be eligible for alimony provided she is not capable of maintaining herself. No alimony can be claimed for adult children. Alimony and Monthly maintenance both can be claimed. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Being joint owner surely creates right over the proper .

During decree of divorce, one time alimony can be claimed. 

Custody of children would be decided by the court..

Percentage is normally one third of total salary reviseable with the hike in salary with proper application. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Wife only has right to stay in her matrimonial home 

 

2) since she has not contributed any funds for purchase of property property husband can file declaratory suit that he is absolute Owner of property 

 

3) wife can claim alimony from husband and maintenance for children 

 

4)it depends upon husband income, standard of living etc 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If she has not paid any consideration amount for the property, her husband can file a declaration suit and coat and can get her name removed as a co owner of the propertyvery he would have to prove that all the payments were made by him.

She cannot claim maintenance amount for a male child who is over 18 years old but for a a unmarried female she can claim maintenance amount from her husband.

Also, she only has a right to ask for monthly maintenance for herself which is decided on various factors by the court and is ideally 25% of the income of the husband. One time alimony is not awarded by the court, rather it is arrived upon by the parties.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear Client,

On the basis of ownership, your sister may claim 50% share in the property which in her name except alimony.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Being a co owner she will have a right if any percentage is decsied in sale deed. Alimony can be as per the various aspects and decision of court depending on her income, husbands income,  her standard of living etc.  If the flat doesn't have any money invested by her then your brother can file suit for cancellation of her being co-owner before civil court

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

See as of now she is equal owner of the property in case the husband file for declaration suit in that case she has to contest it. 

See she can quote an amount for one time settlement for herself or monthly maintenance court can award around 20 percent his salary to her, also for the children they can file for maintenance if they are above age of 18. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In documents, she is co owner but not actually contributed in purchase so husband can get declaration from court of full ownership. Without court order, she owns half ownership.

And in any case she is entitle to alimony. She can 25% of net salary full life or till she remarries. Child expanses extra.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

After the divorce, there are certain conditions under which the property is divided. If it is joint property, then the property is divided proportionally depending on the circumstances.You sister can claim permanent alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Dear client 

As both of them are co owner it's not a matter who is paying for the property and who is not she will get the share which is written in the registry papers. 

And maintenance is generally on the monthly basis.

For children father bound to pay maintenance for girl child till she is married and for son till he start earning for himself. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If your sister is not employed and do not have any income to sustain her expenses then she may get at least 25% of his take home salary as monthly maintenance amount.

If her children are daughters then they will also get maintenance till the time they are getting married and that can be total 35 to 45%.

Besides, since she is a joint owner of the flats along with her husband, she is entitled to 50% share in each flat, he cannot deny that as per law.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Ask a Lawyer

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