Legal Question in Family Law in India

my friend is a citizen of london, he was married and had 2 kids. he used to travel to India for his work, during which he met this lady with whom he fell in love. his wife came to know of this and they filed for divorce. My friend came to india and started having live-in relation with this lady. Both of them got married, the fact which my friend was told later (as he was not aware of indian rituals). they bought a house together putting in equal share. after some time my friend returned to london to take care of his mother and then decided that he cant leave his mother alone and further he was fed up of the suspicious nature of this lady. he told this lady that he wont come back. After sometime my friend contacted this lady and told her that he would like to have a decision on the house they shared together for which she agreed. my friend told her that both can either sell the house and keep the amount in equal share or she can keep it and have his share paid to him. but now this lady has suddenly refused to return anything to him. my friend has tried everything possible but he cant find a way. i would like to know is there a legal way to get out of this mess and get my friends share. he has got all his personal belongings at the house which also she is refusing to give him.


Asked on 3/08/10, 2:25 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case your friend has sufficient proofs that he made the payments in respect of purchase of that particular house, he can claim the share in that house but for that he may have to resort to civil litigation. a suit for possession and declaration of co ownership has to be filed. you may ask your friend to contact a lawyer in india and after being satisfied, he may send a power of attorney duly attested by notary public and the case can proceed.

Read more
Answered on 3/08/10, 2:33 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since you were in a live-in relationship with your partner, you cannot force her to sell the house or to make payment of the house to you. Depending upon other factors which you have not disclosed, she may be entitled to maintenance and the may be used against her alimony rights. Therefore, avoiding litigation, try to reach an amicable out of court settlement.

Read more
Answered on 3/08/10, 4:58 pm


Related Questions & Answers

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