Right of wife on the house built by taking bank loan
sanjeev kumar
(Querist) 16 March 2012
This query is : Resolved
D/All,
If I constrcut a house by taking bank loan for 15 years,can my wife and son(in her custody),take regular mntce.,live seperate from 1998 claim my house during my life period.If yes then how?
If no then what should be done so that they may not claim it.
ajay sethi
(Expert) 16 March 2012
your wife cna claim right to stay in shared household under provisions of DV act
adv. rajeev ( rajoo )
(Expert) 16 March 2012
Your wife and son cannot claim their share in the self acquired property of yours'.
I agree with the answer of Ajay SEthi .
Nadeem Qureshi
(Expert) 16 March 2012
Dear Querist
I also agree with experts but if she had filed any case against you under Domestic Violence act, but as per your information that both of you are living separate from 1998, so she can not file any case against you under DV act.
no need to worry during your life she can not claim any right in your self acquired property.
feel free to call
V R SHROFF
(Expert) 17 March 2012
your wife will reside , and you will be burdened with payment of electricity, property tax, all outgoing, and pay your installment too.
YOU CAN'T TRF CANT SELL THE HOUSE TOO.
DV ACT.
Who stop her coming back for few days and say, you acted cruelly??
You cannot go against Law.
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Mr. Sanjeev,
You mentioned that both of you were living seperately since 1998.Now she cannot file any case any case under DV act.You should have seperated officially.Have you remarried again? Have you purchased any property after 1998?I am asking you these to avoid future complications.Even if it is a self acquired property without official divorce,she along with the child will have a claim on the said property.
sanjeev kumar
(Querist) 18 March 2012
D/Shroff ji,
I am paying monthly mntce Rs. 10000/- for what? Does this amount not include expenditure for accomodation? Besides my divorce case is pending in the high court.Can any legal authority pressurise me to allow her live with me?Then she will live with me with malafide intention.
with regards,
V R SHROFF
(Expert) 18 March 2012
u pay mtn, not under DV Act.
she is your wife unless divorced, so have right to enter and sleep with you.
you have no legal separation in ur fvr.
My point is, if she enter and start living for few days and file DV Act, that u r harassing, trying to throw her out, and she have no residence, DV ACT can order accordingly.
I understand , your mtn must be under sec24, under temporarily litigation period / or under 125.
The moment the case is withdrawn, mtn stops there and then only.
Now from 2005, she have right to shared household under DV ACT. it is over and above mtnce
SAINATH DEVALLA
(Expert) 18 March 2012
Dear Mr.Sanjeev,
So you are paying her maintenance since 1998 on your own.Not as per the directions of any legal authority.Leave your wife aside for a moment,your son has every legal right for your property even if you have remarried.You cannot disown him completely.
