Legal Question in Family Law in India

If the property is in the name of wife who is a business woman, some property is in the name of 2 sons, both son are independent business man and unmarried. The husband is a government employee and there is no property by his name. if the divorce happens what does law says, how the property be distributed amongst all four members?, where both the son are willing to live with father.

Husband has given more than 10 lac to wife for expanding business as unsecured loan without interest for more than 8 years, which is in the account books. whereas the business is in the name of wife.


Asked on 7/06/13, 12:54 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The owners of property will be entitled to retain and enjoy without sharing with anyone. The wife will be entitled to property in her name; the sons will be entitled to the property in their names. Since both sons are "independent business man", it is presume they are adult. They may live anywhere - whether separately or with parents - father or mother - the property in their name will belong to them.

For a business transaction, you may recover the "debt". However, you will need to check "limitation" to file a suit for recovery.

Read more
Answered on 7/06/13, 7:47 pm

recovery suit can b file with in 3 years to recover t amount from t date of due from self acquired property u can not claim any thing

Read more
Answered on 7/07/13, 8:09 am
Yash Kumar Yash Kumar & Co.

Dear Sir,

You can file for recovery of your money if your wife acknowledges the debt given by you within three years of duration.

However, your wife owns the property and she may do whatsoever with the property in her name without interference of any body.

For further assistance you may contact me on 08750228171.

Thanks

Read more
Answered on 7/07/13, 8:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India