• Remove co-applicant name after divorce

I am working in Kuwait.
My wife filed divorce case against me in Kuwair Court in Dec 2019.
Kuwait Court awarded maintanance 150kd ( Rs.36000) to wife and two daughters.
Divorce process will finish within 1 or 2 months.
I would like to ask her will this Divorce will be valid in India. 
Our marriage held in Nagpur and we both are staying here in Kuwait since last 15 years and we both are conesrint this divorce case.

Secondly I have 2 properties In Pune which I bought in year 2002 and 2007.

I took Home loan from bank for both properties and bank insisted make wife as co applicant.

1 bhk flat I paid all emi and part payment and paid all loan by 2006.

2 bhk flar I paid all emi and part paymwnt and paid laon by 2012.

Both properues in my possession and rent coming in my account..

My question is 

After Divorce in how many month or year I can file civil suit to remove her title from property.

If I file a civil suit what will happen to montly rent will court ask both tenant to deposit rent in court.

What is the best option should I wait for her to file civil suit because rent is coming to my account and I dont have any plan to sell properties.

to make wife
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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42 Answers

The decree passed by the court Kuwait has to be executed over here by filing an execution application alongwith the decree .

 

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

You have to file declaratory suit that you are absolute owner of property as full consideration was paid by you 

 

2) you can file suit now or after divorce 

 

3) you can seek orders for deposit of rentals in court 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Kuwait Court divorce is not valid in India. Only Mutual Consent Divorce performed in Foreign countries are valid.

 

Regarding removing her name from properties you have to get sign from her Quit Claim Deed agreement and submit in the SRO office.

 

Don't wait her to file suit in the Civil Court , you start performing Mutual Consent Divorce and Quit claim deed, MoU's  side by side talking with her and perform both there in Kuwait.

 

I will guide you further for both the procedures.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

The divorce is valid in India if you both have attended the proceedings in Kuwait.

Also the property belongs to you and hence you may proceed to remove her name. She cannot be a beneficiary as it was purchased by your money.

The court cannot make you to pay her from the property.

You have to pay maintenance. Otherwise you may not decide to pay once you cime to India.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. If it is a mutual divorce in Kuwait, that you and your wife has consented for divorce than same may be validated in India.

2. In case the wife is co-owner in property and co-applicant in the loan you may file suit for declaration of your right on the property though she may contest and seek her share. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If the law under which the decree of divorce is passed in Kuwait is also in force in India then only the divorce is valid in India; otherwise not. 

2. The name reflected as joint owner a property remains as half share holder only and this can not be obliterated by you unilaterally.  Unless and until your wife executes a registered deed of gift and release in your favour she remains its glad owner. 

3. The rent is liable for equal division. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

if You both have contested the Divorce then it will be valid in India, 

if the properties have been brought by your own money then your wife does not have her right, even if she is a co applicant, but in divorce cases it can vary.

You can file the case  side by side, there is no bar, the said case has to filed in India.

No the court will not ask the tenant to deposit the rent in court, there can an circumstance where your wife can file an application, seeking part rent, so the court may order for depositing the rent in court. (exceptional circumstance)

It is advisable that you  should file a suit for declaration in Pune  before she does.

 

 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

If the marriage was held in India as per Hindu rites then such marriage can be annulled only by an Indian Court under Hindu Marriage Act

For the 2 properties you can file a declaratory suit for declaring you as the exclusive owner of the property and for deletion of wife's name from title documents

Your wife can also file a suit claiming that she is 50% co owner of the properties since her name appears in title documents and she may ask for deposit of her 50% share of rent in court as an interim measure 

So it is better that you file a suit before her because any which ways you have to take steps to have her name deleted from title documents at some point of time

So it would be better sooner than later

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

Was she only the co- applicant in loan or she have shared ownership title?

If she have ownership title than you can immediately get it done.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file even now. Have to file declaration suit to grant you sole ownership on the basis of contribution in purchase.

You should file as soon as to avoide limitation issue.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can submit the decree of the court and the noc of co-applicant for the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. Divorce Decree & Maintenance order granted by "Kuwait Court" is Final & Irrefutably valid in India and other parts of World, without any exceptions, whatsoever.

2. IF you have documentary evidence that you have financed the Properties, THEN you can file for removal of Wife's name, via a Civil Court suit, after one year PROVIDED the two properties were not in anyway connected to Alimony & Maintenance orders.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

Your divorce in Kuwait is valid as per indian law. You may file a Civil case for removal her name from the property within three year if the property is in her name also otherwise no need to file the case. 

 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Please go ahead because the judgement passed by Kuwait Court is as valid and legal as the judgement passed by Indian Court. 

In India, the judgement can be invalid on the grounds of jurisdiction and unheard on merits. I hope this will not happen with the  Kuwait Court's Judgement.

Since judgement is valid and legal, then the name of your wife can be removed from anywhere in India.

One thing in addition... please let me know as to whether your wife was Co-borrower or Co-owner .

 

Raj Kumar Mishra
Advocate, Allahabad
172 Answers
2 Consultations

4.5 on 5.0

1.The decree of divorce passed by the foreign court will not be considered as valid in India and you shall have to file the divorce suit again in India. You van file the declaratory suit even before divorce praying for a declaration by the Court that you are the sole owner of the said flat since you have paid the entire consideration. There should also be a prayer to direct the Register to delete her name as the co-owner of the said flat. It might take 1.5 to 3 years to get the case disposed of.

 

2. If your wife challenges your claim to be the sole owner of the said flat she can ask for share of the rent of the said flat and in that case the Court might ask the tenants to deposit the rents at the Court till the matter is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Divorce decree from Kuwait Court can be valid in India if it is on the same grounds as given in HMA section 13, otherwise it would be without jurisdiction.

You can ask your wife to release her name by release deed. It a amicable manner.

Sanjeev Gupta
Advocate, Delhi
117 Answers
1 Consultation

5.0 on 5.0

The co-applicant for the home loan is not a joint owner, hence you do not have to remove her name from the title deed.

First you go through the registered title deed  and ascertain that whether the property was purchased in the joint names or only on your name alone by a registered sale deed.

If it is jointly owned property then you may have to allot her equal share in the property or she may have to execute a registered gift deed in tor favor by which you will become an absolute owner of the property.

 

You say that you will file a civil suit, but for what?, what is the reason that you will file a civil suit?, be clear in your query so that proper opinion can be rendered.

If at all you apprehend her to make a claim mover the property then you can wait for next course of legal action so that you can defend your interests accordingly;.

Actually your questions are devoid of details, hence no concrete opinion can be rendered to your incomplete questions.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

 Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in foreign Court , and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by foreign Court will also not be recognised by Indian Court.Ex-parte means , One party divorce. 

- Dont contest the divorce petition there if you dont want to relieve her presently, as if you will contest the divorce case filed by her then that decree awarded her will be valid in India. 

- After divorce just after 9 months , you can file the case for getting all properties in your name. 

- If it will prove that you are the legal owner of the said property , then court will not interfere in the rent amount paid by the tenant , but if disputed then rent can be deposited int eh court. 

- Both options are there. However you should file for the ownership of the property before her filing a civil suit for getting rent . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Immediately after divorce you can file.

If she files application opposing your application, upon hearing both of you , court may direct the  tenant to deposit the rent in to court.

You go ahead and file the case to avoid delay tactics by her.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Yes divorce will be valid in India If you are contesting the case. 

2. You can file suit immediately after getting decree of divorce if you are not filing any appeal against divorce. 

3. No court will not ask tenant to deposit rent in court. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Send notice and she not agree, file suit in India through POA.

Three years from the date when the right to sue accrues.

Around 5 to 9 lacs court fees.

5. Yes, you should file as soon as.

Civil suits takes time but no other option.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See first understand whether Kuwait court decree is valid in India or not, because you both are not performing Mutual consent Divorce. Its proper court order so this decree will be not valid in Indian Court, So where is the question of title suit or to file title suit in India.

 

Again you have to file divorce case in India and in that or after Indian courts decision you will file for title suit or court may grant both the properties to you if you could prove that money was transferred from your account.

 

Don't file case initially in the Civil court file case in the family court and ask for whole properties to be retained to you.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. you need to file a declaratory suit to declare you as absolute owner of the property 

2. the limitation period for the same is 3 years computed from the date when your right as an absolute owner is denied by the wife 

3. so if in the divorce case proceedings, she has anywhere in her pleadings stated or in any other correspondence with you, she has stated that she denies that you are the exclusive owner of the property, your cause of action to file a suit as above will begin to run from that date

4. i am not able to understand why 12 years? you need to ask the lawyers who said 12 years to quote the exact article in the schedule to the limitation act. 

5. since you will be seeking a declaration and not possession, you have to pay only nominal court fees

6. if you wait for your wife to file a suit for her claim her alleged 50% share in the property and if she has already denied your right as exclusive owner of the property, then your limitation period to file a suit will be said to have begun to run against you and if by the time your wife files a suit, the limitation period is already crossed then any action sought to be taken by you by filing a declaratory suit may suffer from delay and be barred by law of limitation

7. declaratory suits take time to be resolved. Time cannot be predicted. Court proceedings are uncertain.  

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

Suit takes years to be disposed of depending upon pendency of cases in trial court 

 

2) better file declaratory suit that you are absolute owner of property after divorce 

 

3) court fees is state subject and varies from state to state 

 

4) court will accept full payment made by you 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You can send it even now. 

2. If the property is in your possession and the property is purchased by a registered deed on  joint names,  since you have to establish your sole title to the property based on funding and other evidences of the transaction in this regard,  you can initiate the process even now,  since there's no cause of action arrived yet,  it is not barred by limitation. 

3. The cause of action will arise from the date the dispute between you both arose over the property ownership. 

It may be before or after divorce. 

4. Your lawyer will be able to inform you about the court fee and lawyer fee,  because it is a state subject. 

5. She's the joint owner as per documentary evidence and if she is claiming her share as a right,  you may have to challenge the same on the reasons you rely upon. 

6. The civil suits may run for 5 years or more. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. If the final decree is going to be announce , then wait for its outcome

2. No lawyer can guess the period , it may be finished within 2 years or may go long but not 7 years .

3. from the date of filing . 

4. Since you will file a Declaration suit , then it will not take much amount , except the lawyers fee. 

5. If she files suits for claiming half of the property , then her case would be on upper side. 

6. Not fixed . 

- Now the maximum period of any case is 7 years from the date of filing. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. Send her notice.

2. 12

3. Granted date.

4. 3%

5. Yes

6. 2 years approx 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

you can file declaratory suit in civil court that you are absolute owner of property though purchased in wife name as full consideration was paid by you. 

The limitation period starts when the cause of action arises, that is, when a party becomes entitled to bring a claim. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You may wait till finalisation of the divorce.

2. The limitation is 12 years from registration not from divorce.

3. Court fee depend state to state.

4. Court will not accept your claim in reply to her partition suit for 50 percent share.

5. It can go for years depending upon pendency in court. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. yes you can do that. no need to wait till decree

2 Its 12 years

3. Its from the cause of action or knowledge

4. It depends on the claim amount and lawyer fees which are variable

5.She cant file 50 percent share case against you

6 cant be said

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Duration to file suit is 3 years. Court fee varies from state to state and a local lawyer may tell you about that.

You should seek all the remedies available to you right now otherwise the court shall ask you where you were all this time.

Divorce is valid if you accept the jurisdiction. Don't accept anything. Tell the court that you were married in India and the Indian law is applicable.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1.Excepting the mutual consent divorce decree which is passed against jointly filed application, other decree of divorce is not acceptable by Indian Courts. You can very well file the Declaratory Suit against her at any time and send him notice which will not affect your divorce suit.

 

2. Limitation of filing the said suit is 12 years.

 

3. Limitation will not be counted from the date of divorce which is not connected with the said Declaratory Suit.

 

4. This Court fee is state matter for which you shall have to pay the said fees as fixed by the Maharashtra Government.

 

5. If you can prove that you have paid the full consideration, then your claim will be accepted by the Court.

 

6. The duration of the case can not be predicted since it depends on many unpredictable factors. Ordinarily, it should be disposed of with n 5 years.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Better file for divorce in India on grounds of mental cruelty 

 

2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

 

3) don’t agree with your lawyer suggestion 

 

4) you can continue cases for properties in India 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. No decree of divorce other than Mutual Consent Divorce passed by a foreign court will be considered as valid in India.

 

2. The said Divorce was filed by your wife against you which has been dismissed by the Court. It isn she who can apply for reopening it, not you.

 

3. The divorced suit filed against you shall have no impact on your title suit.

 

4. You can proceed with your property cases in India which is independent of the result of the Divorce Suit filed abroad. 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. The divorce case filed by her in court situated in Kuwait was dismissed for default which   confirms her legal status that she still remains legally married to you.

Therefore in order to get your marriage dissolved by a court of law, you may better approach an Indian court with a petition  for divorce on the grounds of cruelty.

That would benefit you because the exparte divorce obtained in Kuwait is not legally valid or recognised in India. 

2. The case was filed by the opposite side and it was dismissed for default, it means for non-prosecution of the case filed by her.  

Therefore there is no logic in your lawyer's opinion to reopen the dismissed case.

Instead you can file a fresh case and get an exparte decree, of course it may not be recognised as legally valid in  India for the marriage solemnised in  India. 

3. Property title declaration suit is different to that of the divorce case, it has no relationship or impact to each other.

4. Read the above answer

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. As per law, only a contested divorce & Mutual divorce decree is valid in India and not ex-parte .

2. You cannot reinstate that case , as it was filed by your wife if dismissed by the court 

3. No impact 

4. Yes , you can continue the property related case in India. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1) temporary injunction is stay order passed by court pending hearing and final disposal of suit 

 

2) if X is in possession court would restrain X from selling the property 

 

3) Y can file suit for partition for division of property by metes and bounds 

 

4) court fees depend upon market value of his share of property . legal fees vary depending upon lawyer engaged by you 

 

5) suit may take 10 to  15 years to be disposed of 

 

6) Y will lose case if X has made full payment and X files suit for declaration that he is absolute owner of property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. The temporary injunction would be granted to the petitioner against the respondent from alienating or encumbering the property in any manner till the disposal of the suit or the injunction petition.

It will not enable him to acquire possession of property.

2. By filing a suit for partition.

3. The court fee and the lawyer fee can be known from the lawyer being engaged for this purpose.

4. Then the person who had sent the notice can directly file the suit if the other party refuses to accept the notice.

5. The time taken for disposal of the partition suit cannot be predicted owing to various factors involved in it.

6. The person who claims title to entire property has to file a suit for declaration of title on the basis and support of the substantial documentary evidences he may rely upon.

Thus the court will pass an order based on the arguments and merits of the case.

7. It depends on the reliance on the documentary evidences produced by the party claiming title.

 


For all such further issues you may consult your lawyer and proceed as per the suggestions made.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1 You cany do some acts if temporary Injunction is against you. 

2  he has to sell his share 

3. Yes all the things mentioned in point no 3 of urs  

4. Then to can file case directly 

5. It will take some time 

6. If payment party has proved other evidence will also be considered 

7. No payment is also important 

 

 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

File application fir withdrawal of case 

 

2) she can share in rentals and has right to stay in said flat

 

3) it would take years to dispose case 

 

4) you can prove that full payment was made by you 

 

5) your chances of winning case are good 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You can inform your lawyer to file a memo for withdrawing the cases as 'not pressed', so that the court will dismiss the case as not pressed.

2. If she is a joint owner then she will be automatically entitled to her legitimate share in the property.

3. If you agree for giving 50% share to her then the case can be disposed immediately on the next heaing or if you choose to contest then the case may run for years.

4. You can challenge her case properly and produce all supporting documentary evidences in your possession to repudiate her claim.

5. If it is a partition suit then the court may pass a decree accordingly.

6. It depends on how you challenge her case and what all ingredients to establish a strong defence. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You need to be in withdrawal proceedings with your photo id documents

2. That will be decided on merits of the case. 

3. It may take time 

4.   Court will decide on merits can't force you without trying your case. 

5. She needs to file civil suit if you are not agreeable 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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