Query related loan aquired property in matrimonial dispute

Which proceeding your wife has initiated? under D.V. act??

@Mahesh Sonawane

Hi Mahesh Sir,

She had aksed for maintanance, Retaining of Streedhan by use of Police force, Demand of separate settlement etc. But she was not aware about my new property so far. She just came to know about it. My query is that its not my property at the moment, Its with the bank which has provided loan. Hence, How can I give any share in it?  She has not demanded it yet but I just want to play safe.

Plz guide....

Q 1As the property is sole ownership of bank at the moment technically, can court order share in the property for my wife?

A. The title of property has not been transferred to Bank who has mortgaged it to secure their loan amount. Therefore, bank cannot be called as Owner. The court shall not order any share in the flat in favour of your wife.

You have not mentioned under which provision of law made prayer of her petition/application, your wife the Court shall consider her share in the flat? Incomplete information, hence no advise/opinion can be given. 

2) As my mother is second nominee in the flat, What is the stand of court of the property dividation?

Has your mother sought any partition of the property? There is separate law governing the partition of such property (like flat as in your case)

3) My wife never stayed in that flat as it was under construction. we will be moving out in few days in this property. what can I do to prevent her entry in my house?

She can claim a shared house where ever you are staying (Section 19 of Prtotection of Women Against Domestic Violence Act, 2003)

4) Can I gift the property ownership to my mother wherein still I continue to pay the installments of the housing loan?

Yes.

It would be more appropriate to seek the services of a local expert lawyer for your own benefit and interest.

There are no two owners i.e., technical owner or real owner to a property, a person whose  name appears in the valid title deed is the owner.  You have obtained loan against the collateral security of the property,thus the bankers have a secured your property against the grant of loan.  Your mother is just a nominee and not a joint owner of the property ?,  What do you think he court has got something to do about it?  If your wife obtains a court order under the provisions of domestic violence act with a right to residence,you cannot prevent her entry into the house.  Nobody can prevent you from gifting the house/property on your name to your mother or to anyone.

You have mentioned that she has filed some legal case against you, what are they and what are the status of those cases?

Better consult your lawyer clarifying any more details or come back to this forum with more details about the cases for a proper opinion.

Hello All,

Thank you for your valuable and very informative comments. She had filed DV and 125 on me. She is trying to file 498A which is on SP office desk. We are going through counselling and I am trying my best to make it stop. So at  the moment I have DV and 125 on me. On the other hand I have filed RCR which is stuck in transfer petition and I am in mood to convert it into divorce petition once it comes to the district judge of that city.

So far everything is on hold due to SP office counselling but she had recently picked up a fight with my mother and things are again in wrong direction. My intentions are moving the case towards mutual divorce.

In her DV she had demanded a separate arrangement of residence. But as she has recently came to know about this property she may ask to stay over there or may want her name to be mentioned on it. Please guide the preventative steps...

Under the present circumstances, if you do not want her to enter into the new house, the house should not be under your name neither you should live there because of the fact that wherever her husband is living , it can be presumed as her matrimonial home, so think about the alternative.  Better transfer the property on your mother's name vide a registered gift deed and you stay elsewhere in a rented accommodation, let she come and stay there if she has a court order for residence.