Legal Question in Civil Rights Law in India

Hi,

I have a flat in Pune, which is not ready for possession and I have my wife's name in it.

She has not contributed any amount in it. I have all the bank transaction details of payments made against flat. I am paying EMI for the Loan as well.

My wife had filed all possible cases including 498a 1.5year ago in Madhaya Pradesh(her hometown) and all are in process.(I am paying her maintenance as well).

She has not mentioned about the flat as it is in Pune and she wanted to show MP as matrimonial home.

My question is, can I fill a case to challenge her in court to get my part of share in flat. I have heard the in such cases she is not legally eligibly for any share.

Or do I have to wait for my Divorce to be final. What is expected result in such cases.

Please share your thoughts.

Thank you,

Mohit


Asked on 2/17/15, 9:04 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If a divorce case is pending between the parties, one may file an application for settlement of any property dispute.

If not, you may file a case in the local court, where the property is situated, for a declaration that you are the sole owner and her name be removed as a co-owner.

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Answered on 2/19/15, 5:49 pm


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