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Vivek (employee)     24 December 2013

Help needed for divorce & property

Dear Sir,

I got married on 9th sep 2012, I bought a plot on my wife's name. soon we realized that we are not compatible and can not continue as a couple.

as the plot was bought using my and my fathers money, we now want the property and she is ready to give it back to me.

we want quick divorce. on internet i found that 6 month waiting period is not necessary now.

please suggest a way



Learning

 8 Replies

gautam (not disclosed)     24 December 2013

as you have purchased property in wifes name, it is her property, it cannot be reclaimed back.

only thing if you can prove that the money for the plot has come from you, it can reduce alimony to a certain extent.

Vivek (employee)     24 December 2013

@gautam- she is ready to give it back to my family. please suggest a legal way. power of attorny??

Dr J C Vashista (Advocate)     24 December 2013

Get the property gifted or sold by the lady /owner in the name of XYZ.

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

Once she has agreed to give you back your property, it is advisable to get a registered sale deed executed by her in your favor to avoid all unforeseen problems in the future in this regard instead of beating around the bush.  Further, it  will take a minimum of 6 months period to get a divorce on the grounds of mutual consent which is the only way to get divorced at a short time.

1 Like

Laxmi Kant Joshi (Advocate )     24 December 2013

if she is ready to give it back then don't waste time and make sale deed in favour of you , go for mutual concent divorce it is the fastest and easy process for divorce .
1 Like

Vivek (employee)     24 December 2013

@T. Kalaiselvan, - Dear Sir, I found some article on the net that the 6 months cooling period can be waived off, if both the party submit an application for that.

is it true??, if yes, can you please guide us how to do so??

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

It is not so, you either should have misconstrued the contents or have been misguided by the circumstances of that case compared with yours.  Please go through the same once again properly or else, send  me the link, shall peruse it and give my opinion.

Dr J C Vashista (Advocate)     26 December 2013

The waiver of cooling off period has recently been declined by Supreme Court


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