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Dharmendra (Analyst)     25 August 2015

Share of wife in apartment

Dear Lawyers,

If the first owner of Apartment is my Mother and second owner is myself and I will be paying all the EMIs then in future

Q1. What rights my wife will have in Apartment if I initiate the Divorce.

Q2. What measures I should take so that she cannot claim any share in the Flat.

Please advice

Regards,

Dharmendra Sahani



Learning

 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 August 2015

A1: Still She continue to be owner of her half share in the property(apartment)

A2: You should file a suit on both your wife and mother to declare the property has been purchased by you and they were Benami 

Kumar Doab (FIN)     25 August 2015

The Flat as on record is jointly owned by you and your mother.

Your wife has no share in it, in your life time, until you award it to her in your life time.

 

Your assets/income/estate made known to court shall be a factor to decide the maintenance/alimony etc.

 

In your life time otherwise wife has no forced share in your self earned property.

You can WILL/gift/sell/mortgage/relinquish/release to anyone as it pleases to you.

In future if you wish to relieve from property/share in property then prefer to do so by selling and avoid gift.

Your family lawyer handling your case must have advised you on all points.

Other threads by querist:

 

 


https://www.lawyersclubindia.com/forum/details.asp?mod_id=93238&offset=1#.VdxLAH1-jMp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=123841&offset=1#.VdxKgX1-jMo

https://www.lawyersclubindia.com/forum/details.asp?mod_id=88578&offset=1#.VdxL9H1-jMo

 


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