Distribution of property in divorce case.

6 years ago

Sir, I want to file case for divorce as my wife creates lot of problem in home and just want me to leave my parents and do not care for them as well. I am totally disturbed with the situation. I biggest point to ask for your advice I have a property costing around 1.5cr currently (bought at 25 lack)in which I have 50% ownership and my wife and her mother (mother in law) have 25 % each .. (Actually this was purchased by my own earning only but to manage taxes and other issues things went that way of Sharing) Please advice in case of divorce how this property distribution will take place .. I earn around 65K per month from a govt Job but get in hand only 25K as pay loan EMI taken for the property only and as per Govt Contract I have only 5 years more to go in Job after that i will retire. Please advice.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.for property issue you can proceed with experienced property lawyer

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your matter There is a new ground for divorce as per the judgment of the Hon'ble Supreme Court in this regard. If a wife forces her husband to leave her parents, then he may file for divorce.

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Rajdeep Pradhan

Responded 6 years ago

A.Alright. So on a simple equation based on the well settled law, she can claim her share along with her mother's share aswell. But it can be proved wrong at the time of hearing/ arguments in the court of law as the money has been transferred from your account for 50% of share. So 50% share is safe in your hand, rest 25% and 25% shares are in question which has to be challenged in Court if they claim, and do not worry for the same as it's just the mere matter of hearing/ argument in Court.

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Rajdeep Pradhan

Responded 6 years ago

A.Sir, first of all my I know on the ROR whose names are recorded. Because the fact of the law is that whom money was invested in purchasing the land does not matter but the owners or the joint owners whose names are recorded in the ROR matters to be very honest. If you want divorce, yes it is possible, though you have 5 years more to get your retirement that means your marriage is more than one years, hence you are eligible to seek for divorce but the thing is about the maintenance that you are liable to pay to your wife during the divorce case and the permanent alimony that you have to pay to your wife. Why I said have to because once the divorce is don't either by mutual or by contest husband is liable to pay maintenance may be interim or alimony. Hence, the conclusion is you can get divorced you have a strong ground and on the other hand you have to pay some amount for alimony whether it's per month or one time. I hope not they demand their share on the said property of their names are recorded in the ROR. Feel free to consult 7787011028 for clear picture of your legal position.

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Anonymous

Replied 6 years ago

Sir.. All payment was transferred from my account and wife's account. Rest the registry is in all three names and share is mentioned as 50% and 25% and 25% .. My share is 50%. Now please clear me how much my wife can ask as maximum if she wanted to take legally or what max she can claim

Ambrose Leo

Responded 6 years ago

A.First you should come clear about your property acquisition for joint holding not to avoid IT you will come into more trouble.Secondly you should have complete details of Payments from your account is it in joint a/c etc.,The EmI salary deductions & It deductions are claimed from your a/c.You have a complicated issue it is better to consult a professional Financial/Property/Taxation Advocate to guide & help you for financial and Family matter & case with family lawyer.

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