Legal Question in Family Law in India
dear legal experts,
here i seek a valuable advice from you all. i m joystna basically from kolkata. and married to guy from delhi. after marriage we bought a flat in gurgaon, joint name on mahesh and me. now major differences arises, we are living seperately for last 2 years. i want maximum share in that flat. what documents i should show in court to get that flat? altho' mahesh already have another 1 big plot, 1 rowhouse (both on his single name). but still he doesnt want the joint registered flat given to me. loan of joint registered flat is being paid by him, as household expenditures were done by me for the period that we lived together.
what should i do to get my share?
i am also a mother of 3 years son pranjal out of wedlock. and pranjal is with me since his birth.
i am working in mnc, earning 5lacs per annum. and mahesh income is 20 lacs per annum+rent from property.
1 Answer from Attorneys
as there is huge difference between your and your husband's income, you may seek maintenance from him for yourself and your son as well. regarding the flat in gurgaon, whose EMIs are being paid out of your account, for that you need to file a suit for declaration seeking orders that you the owner of the house as you have been paying the installments towards the house. but before that, talk to your husband and ask him to give away the flat and in case he is adamant, you may also seek orders against the properties owned by him that he cannot dispose them off. for this, you need to file a complaint under DV Act.
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