• Right of women after divorce

Purchased a flat in the name of husband & wife through bank loan jointly.But the initial money and installment of tha bank paid only by husband.
Can it be registered in the name of husband?
Wife has taken divorce .After divorce is there any right in this property?She is a working lady and she has no any child.
Please advice me.
Regards
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Working woman does not have any right to maintenance after divorce. 

Husband can get it registered by his name by a decree of court stating that he has paid full consideration of property.

 

 

 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Husband can file declaration suit to declare ownership though if both are jointly paying loan he may not succeed and also as of now both are equal owners. She has half shar in this property not other sole property of husband.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes they will not register same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the flight is in joint name she will have right in flat otherwise she will have right in alimony

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

1. it appears the sale agreement is already in the name of the husband and wife jointly.

2. if that is so then without the consent of the wife the sale deed can not be registered in the sole name of the husband.

3. Now if the sale deed is already registered then wife will have to transfer her half share in the name of her husband.

4. So the society is right if it refuses to complete the procedure without the consent of your wife.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

-  It is not clear , that how she get divorce , because such type of disputes generally cleared at the time of taking divorce from the Court.

- Since, the said property is registered in the joints names and has bank loan, hence as per law your wife has equal share in the property including the repayment of bank loans EMI.

- As the initial money and installment of the bank paid by husband only , even the property will be not registered in the sole name of husband without getting her NOC.

- For getting the said property , the husband will have to approach the Court for proving evidence of payment in his support.

- Further the husband can get transferred the said property in his name , If,he transferred the loan in his name and be responsible for the payment of remaining loan after buying out the womans share.

4. Hence, the society is right to refuse to registered the said property in the name of husband without the consent of  the woman.

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

1) if property is purchased in joint names it cannot be registered in husband name without wife consent 

 

2) even after divorce wife will ha e equal share in property 

 

3) you can file declaratory suit that you are absolute owner of property as full consideration has been paid by you 

Ajay Sethi
Advocate, Mumbai
99974 Answers
8159 Consultations

Your interpretation is correct 

Ajay Sethi
Advocate, Mumbai
99974 Answers
8159 Consultations

If wife was a Co-allotte with a husband, sale deed of this flat cannot be registered in the name of husband alone.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The wife very much still has her right, by relinquish deed, her part can be put off

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

If husband shows divorce order copy to registered or builder and builder prepare sale deed in husband name than wife can't do anything.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Just because the property is in joint name, Your wife becomes -CO-OWNER for the said property and you dont have and legal right to remove her name and her name cant be removed from the said property without her consent, even tough 100% payment was done by you.

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

Yes she can claim her share from the property but husband can file suit against wife for recovery of funds he is paying for her share in the flat for clearing the loan. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Any contributions made during the purchase by any other party, cash or kind, are not recognised, legally speaking, unless you have enough proof to prove otherwise. If the property is registered as the joint property of a soon-to-be-former married couple, the wife would be able to stake a claim at the time of divorce

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Since the agreement for sale was made on both the names, until and unless she withdraws from the agreement for sale and expresses NOC for the property to be registered on his name alone, the builder cannot execute a registered sale deed on the husband's name alone.

The husband has to convince her by arriving at an an agreement with her on the agreed terms after which she may cooperate with him in the manner suggested.

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

They are right in their decision since the agreement is no both the names, hence her consent or permission of NOC is absolutely necessary.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

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