property issue

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved
Sir
I was married in 1997 and i have purchase a flat in my wife name jointly myself and my wife and she even had a kid but due to some problem we got seperated and i married again with another girl in 2002 but the flat which i am satying is still in the joint names of myself and my first first wife and we have not taken divorce can she claim her rights in future as i only have put all money to buy the above mention property?

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R.Ramachandran (Expert) 25 December 2010
Dear Anonymous,
I am really amazed that you are stating things as a matter of fact without probably realising the legal implications of it.

You say that you have got married for the second time, without getting divorce in the first marriage. Do you know that it is an offence to get married to another lady when your first wife is alive? Does your first wife know this?

As regards your property, irrespective of the fact that you may be funding the entire property, still since your first wife's name is there, she is the joint owner of the property to the extent of 50% of the same. She can claim it at any time. It is her right. You will not be able to dispose of the property without her consent.

Pritam Saini, Advocate (Expert) 25 December 2010
your first wife is legely wife till today unlees pass a decree of divoerce.she is owner of half share.

Gulshan Tanwar (Expert) 25 December 2010
Even you will get 25% of the total property as in Divorce proceeding she will also claim maintenance and as per Apex Court's dictum she can also claim 50% of your property and hence you will be having only 25% of the total property whether movable or immovable.

yogesh (Expert) 25 December 2010
Its also crime without getting divorce and go for second marraige which is bigamy

Advocate. Arunagiri (Expert) 25 December 2010
Mr.Gulshan please provide the authority for our reference.

Kirti Kar Tripathi (Expert) 25 December 2010
a perfect advise by Mr. Ramachandran. even you get divorce, your wife is 50% owner of the flat.

Adv B.B.Gambhir #9814820602 (Expert) 25 December 2010
brother no doubt the experts are right i further advised you. if you have legally divorced with your first wife. then file a suit for declaration and injunction on the grounds the entire amount has been expended by you. the benami properties transaction act shall not be applicable as per the judgment passed by Justice Wadhawa in 2007 Civil Court Cases 428 (S.C) and page no. 666. Untill and unless the court declares you the owner and possession of the property in question she will remain the equal owner of the property in question.further if you have not divorced with your first wife then she is still your legally wedded wife and she has equal right upon the entire property.

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