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sanjeev001 (executive)     23 November 2011

Can wife claim in property jointly owned by 2 brothers

Dear sir/madam,

                   i would indeed apperciate your kind advice on the following matter

i own a flat jointly in the name of my brother and myself, the flat is on loan borrowed from SBI, i am going through a turbulent phase of marriage and expect a divorce or some sort of legal action from the girls side, anticipating trouble, i would like to know, that in the event of maintenience demand or divorce maintainence, is it possible for my wife to lay a claim on the flat, as it is jointly owned my me and my brother, though the loan with SBI is still going on, and technically the bank is the owner of the flat. my brother is unmarried and he is the primary borrower and i am the secondary borrower. kindly advice on this matter, also kindly advice if in this condition, is it possible to transfer the property on my brothers name, if this property is on loan.

thanking you



Learning

 12 Replies

Shivaji Rao (worker)     23 November 2011

I have a similar issue.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

Yes, the said property would be a deciding factor in alimony matters.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shivaji Rao (worker)     24 November 2011

got a similar situation where in 

1 property in my name and mom's name

and 2nd property in my dad's name 

Both the properties are bought using my money.

 

**Victim** (job)     24 November 2011

@ Shivaji your wife can claim your self owned property and she also get residential rights in case if you don't have any property under DV act.

Shivaji Rao (worker)     24 November 2011

Only one property is owned by me....other property is in my dad's name. I assume wife can not claim property which is in my parents name though it was bought using my money.

**Victim** (job)     24 November 2011

If your wife stayed at one of your parental property during you married life then she is entitle to claim residence under DV act. Please ot residential rights and claim on property is whole different thing so don't mix it up.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

Wife can lay claim on the property owned by you only.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

satya (Manager)     24 November 2011

Can anyone tell me any rule which may allow the wife to ask property earned by husband?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

PWDVA, 2005.

 

It is also a deciding factor in HMA 25.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

satya (Manager)     26 November 2011

Section 25 of HMA express that if any spouse do not have income resource then only we have to fulfill the need of Roti Kapda or makan. This may be as per living status of couple immediately before separation. Dividing property is not where mentioned. Secondly no need to trasfer the property but only residential right is required to provide. 

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had s*xual intercourse with any woman outside wedlock, 3[it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].

Above all facilities allowed up to remaining chaste or divorced. 

Actually society is interpreting wrong the residential right. we may purchase house in our own name and may provide to live her. 

Please guide me whether this interpretation is wrong or right.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

Sir, 

 

Please read exact words, I never said she would get property rights in 25HMA, I said it would be a material point while deciding Sec 25 HMA application.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     02 January 2012

under D V ACT, wife can claim RecidenceRight in shared household, irrespective of the title of the property, or who is owner of the mat home. She can get injunction order . it s applicablre to shivajirao & sanjeev both.

 it is for premises she used as matrimonial homw and no other property.


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