marital dispute property law

rani (Querist) 03 June 2011 This query is : Resolved
my husband bought commercial property which he has paid off except of the existing bank loan which is being paid through bank loan from his salary account .only a small part has been paid by my father.now that there is a dispute between us i would like to know my share in the above property , as i trusted my husband implicitly , i never checked the details of above , my name does occur as co applicant and have signed for consent on the bank loan forms also.

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Guest (Expert) 03 June 2011
YOU MAY KINDLY NOTE THAT.
1.YOU MAY FILE A COMPLAINT UNDER PROVISIONS OF PROTECTION OF WOMAN FROM DOMESTIC VIOLENCE ACT AND PRAY FOR SHARE IN YOUR MATRIMONIAL HOME YOU HAD MENTIONED AND INJUNCTION ORDER AGAINST YOUR EVICTION FROM THE SAID HOME..YOU MAY ALSO CLAIM MAINTAINENCE AND PROTECTION ORDER FROM ;THE COURT.
YOU MAY KINDLY SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

M.Sheik Mohammed Ali (Expert) 03 June 2011
yes, i do agree expert query reply

adv. rajeev ( rajoo ) (Expert) 03 June 2011
If the commercial property is of your husband you cannot claim anything in that property because it is his self acquired property he can dispose it according to his will and wish.

Shashikant V. Patil (Expert) 04 June 2011
If your name is there as a co-applicant alongwith your husband name for taking loans against property from the bank. You can very well make your evidence that this property is not his (husband's) self acquired property.

M V Gupta (Expert) 05 June 2011
Even if you are co applicant for the Bank loan, if the sale deed has been obtained only in the name of ur husband, you will not have any present right in the property. U have admitted that the loan has been paid from the salary income of ur husband and only a small portion of the price was contributed by your father. This does not confer any title to you. your husband may pay off the amount contributed by your father. In my view no action under the DV Act or any other Act is maintainable.

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