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Sachin Gupta   09 November 2017

Filing a divorce case

My Dad Brought a (Flat) Property A in 2006 in a joint name of My Father and Me Entirely paid by my father. later in 2012 my father sold (Flat) Property A and he purchased (Flat) Property B which is in the name of Myself as 1st name and 2nd my Father Name which is also paid by my Father before Marriage but I’ve mortgage (Flat) Property B to get a loan against property of Rs 10 lakhs and now I’m only paying EMI for it. Me and My wife jointly bought a Flat C in 2014 and in 2017 due to dispute she stopped the EMI and therefore we have to sell the property in loss. But in 2016 I’ve Gifted my 50% share from (Flat) Property B to My Father by registering a Gift Deed making him 100 % owner. There is lot of articles which confuses me on the wife share in property. The question is if I file a divorce can she claim her share in (Flat) Property B in current law under what section, which is also a matrimonial house and my wife is torturing and harassing my parents.


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