Legal Question in Real Estate Law in India
respected lawguru, i purchased a flat in 2007 at mumbai, wife is co-owner and loan is also on both names. took 25000 from brother-in-law also, after 1 year she went to her parents and never came back, we hav a baby boy of 4 years out of our wedlock, living with her. my question is that i m paying all the EMIs till date, almost 15 lacs loan is pending. then also she can claim her share? wat is her share? i am having one other flat also in mumbai, which she doesnt know. how can i save my property??
2 Answers from Attorneys
with whom is the boy staying? she can claim the residence rights in the property and in case you do not want her to claim her share in the property, you will have to produce that it is purchased out of your funds. better settle the matter for the sake of your child.
If she did not contribute anything, then you may be able to established that her name was only for convenience.
In case you are not planning to sell this flat, then there may not be much of the problem.
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