Legal Question in Family Law in India
property
thanks a lot for ur immediate reply.
The petitioner had purchased a flat by taking a loan of Rs. 10 lacs which is to be repaid by 15 yrs. and the said flat is inthe name of both. The respondent is demanding half the price of the flat depending on the present market value. Is there any law . In such case whether he has to pay the exactly half the value of the flat ,then what about bank loan to be repaid which in turns a huge amount. Secondly the respondent has her own properties ie a flat in her name and after marriage she registered in her brothers name and in her native she has other land properties. My question is what law states whteher husbands have got any rights on wife's property ie on property that she has after marriage or only the wife should get the rights. The respondent is demanding to sell of the flat had pay the money where as the petitioner does not have a house of his own is not ready to dispose the flat. please suggest me a solution .please treat this as urgent.
6 Answers from Attorneys
Re: property
You can not sell this proprty.
Re: property
Husband have got no right over the wife property during her life time.
If the title of the property stands in your and your wife name than your wife may demand half share of the property or half amount of sale prceed.
Re: property
This property has got encumbrances and with reasonable doubts so you cannot sell the property.
Re: property
please state the facts in a chronological order alongwith complete details of your problem.
Re: property
You have said that flat has been purchased after raising loan from bank. It can not be sold even if you want to.In the individual properties the parties does not have rights in each others properties.
Re: property
After marriage if the property stands in name of both the parties which is jointly acquired by them then it amount to joint property of the parties.Husband has equal right over the properties of his wife but it depends on facts of the case.in context of rest,all details and documents are required to be examined.In case of need contact with all details and documents like loan papers,court case papers etc.Professional charges are applicable.
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