• Property

I bought a 3 bhk flat in 2007 from my own funds and loan taken by me from HDFC bank and EMI paid through my salary account. However I had got the flat registered jointly with my wife. After divorce what is she entitled to since her contribution financially has been nil.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

File declaratory suit that you are absolute owner of flat as full consideration has been paid by you 

 

2) enclose bank statements to prove that all funds transferred from your account 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

If the whole amout is paid by you and if she claims right in that house you need to object the same filing a suit. If she is a co owner to she will have a right. The said things need to be cleared during divorce only. 

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

File declaratory suit as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

Get the house property relinquished in your favor before divorce.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

- Yes, you can be the single owner of the said flat , if you have funded for purchasing the flat .even she is joint owner of the property. 

- You can file a declaration suit before the court for declaring the single owner of the property after submitting the proof of fund made by you. 

Mohammed Shahzad
Advocate, Delhi
15844 Answers
243 Consultations

You can talk to her in this regard and request her to execute a relinquishment deed relinquishing her rights in the proeprty in your favor.

If she is not agreeing to give her consent to the proposed suggestion, you may resort to legal action to file a suit for declaration to declare the title in your favor based on the documentary evidences in your support.

No doubt the suit fort declaration may take time for disposal. 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

You can mention the same in your pleadings that is to be filed in the suit for declaration.

It is a fact that the army personnel are instructed to have joint account for various administrative reasons.

Hence your statement that she is unemployed and has no own source of income can be justified. 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Since the title deed depicts your wife's name as Joint Owner with you for the Flat, she will be entitled to 50% (1/2) share in the property, unless stated otherwise in the registered sale deed.

 

Shashidhar S. Sastry
Advocate, Bangalore
5636 Answers
339 Consultations

As she is the Joint owner, she is entitled 1/2 share in the property. If she agreed to Release her right then she can execute Release Deed or else you can file a Suit for declaration against your wife  that you are the absolute owner of the Flat.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear Client,

               As per the scenario presented by you,a property bought by husband after marriage in the name of the wife falls under the ambit of Section 27 of Hindu Marriage Act and the court has the power to divide the marital property in a just and proper way among the spouses.Where there is joint ownership over a property but only one of the spouses has paid for it then the court will scrutinize the matter before distributing the property.

Generally, in such cases the property get divided equally among the spouses. But if one of the spouses successfully proves in the court that he or she has paid the full amount from their known sources, then the spouse might acquire the whole property in dispute, irrespective of the joint ownership.

Thanks & Regards

 

Anik Miu
Advocate, Bangalore
11069 Answers
125 Consultations

you will have to file a suit seeking a declaration from court that you are the exclusive owner of the flat and your ex-wife does not have any co-ownership rights since neither has she contributed any funds nor she has any source of her own income using which she could contribute towards the purchase and loan repayment

first talk to her and ask if she is agreeable to make an affidavit stating that she has no right claim share or interest in the house 

if she gives such an affidavit then approach the seller or builder with a request to register a supplementary agreement with you to which the affidavit of your ex-wife would be annexed 

Yusuf Rampurawala
Advocate, Mumbai
7924 Answers
79 Consultations

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