money minded spouse

ChandanLawyersclub (Querist) 01 March 2015 This query is : Resolved
Dear Experts,
Need help in below case.
Husband bought a property 9 years back in Joint name with wife (Husband’s mistake), all money paid by Husband. They are married from last 11years, have no kid. They had some matrimonial dispute due to not having child. Wife has some medical issue, do not want to take responsibility of a kid, so not coming for treatment, adaptation/ART. Wife refused to sign in sales agreement till ½ DD given on her name. So they arrived at consensus they will sell the house and buy a flat in joint name, balance they will divide . they have booked a flat Rs 50L + 30L they have divided half(15L) and half(15L). 50L is LTCG. Buyer has deducted 40K, 40K 1% TDS both of their names and issues 2 forms 16B.
Wife promised, Husband once she gets financial security she will come forward for treatment ART or adopt and marriage will save. So I husband given 15L to her, thinking she will fulfill her promise.
Husband has given her below choice
a. Come for self treatment/Adopt /Surrogacy
b. Take balance 25L also through court, total 40L (15L+25L) and be ready for MCD
But it seems she is not going to choose any choice after getting 15L and just wants further money from Husband . Husband has given 50L to builder from his account( which his previous house buyer transferred). This builder is small, If husband requests him to register this house on his name, builder will do. Registration still not done and TDS still not paid by husband.
a.Can husband go ahead and register this flat on his name. Wife has small job, do not comes in income tax bracket. All money for previous house was given by Husband , He has all documented proofs of transactions.
b.Can wife file forgery case against husband if husband register flat on his name only.
Regards
Chandra

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Kappil Cchandna (Expert) 02 March 2015
Dear,

Please call and discuss regarding the same, I need to know something before giving you any suggestion ...

Kapil Chandna Adv 9899011450

ajay sethi (Expert) 02 March 2015
if wife does not want to adopt a child or go in for treatment like IVF you cant force her . respect her decision .

if flat was in joint names sale proceeds have to be divided equally .

if wife refuses to agree for MCD file for divorce on grounds of mental cruelty .

husband should refrain from buying any property pending divorce

ChandanLawyersclub (Querist) 02 March 2015
Thx Mr. Ajay.
So sale proceeds to be devided equally so I will go for registration on joint name since money is from previous house joint property. If wife comes for treatment/adoption problem gets solved. If not I will file contested case. It will take 3-4 years. By the time LTCg also will also gets offset.
I will not make any fresh investment in joint name in future. Pl correct me if my understanding is different.

malipeddi jaggarao (Expert) 02 March 2015
A perfect advice by expert Mr.Ajay Sethi. Do not try to twist the same as per your wish. First of all you should be clear. Are you going to file a divorce case or to live with her. If you are thinking to file divorce case, which will be decided on merits, it is not advisable to purchase any property in anybody's name. Better keep fixed deposits in two separate names for the 50% sale proceeds of the joint property. If you think that you can save the marriage even if she refuses to your proposals for children, you decided right now itself and go for purchase of new property in joint names. These steps are required to avoid future complication once you file a divorce petition.

Rajendra K Goyal (Expert) 02 March 2015
Agree with the advise of expert ajay sethi.

ChandanLawyersclub (Querist) 02 March 2015
Thx all
Mr Jaggarao..
I do not want divorce. main issue is social stigma and parenthood deprival to me.

I have still not decided on divorce, hoping GOD will give some intelligence to her for motherhood.

Any way i have to give her half, either I do FD or buy a joint house.
If I give today itself 50% as FD on her name , I will not have any control. She will give money to her parents and latter again claim alimony as if she do n't have any thing if thing lead to divorce.
So I have opted this.
I am not making any fresh investment on joint name.