Disposal of joint property
God is there for good people
(Querist) 22 October 2012
This query is : Resolved
Dear Sir,
Me and my wife are on the verge of Divorce. It’s a 14 year old marriage that is being called off. We have two daughters aged 12 years and 7 years out of this marriage who are under her custody.
We have a residential property in joint ownership under finance from a financial institution, the EMIs of which are being paid by me from my Savings Account .
The petition for Divorce under mutual consent is yet to be filed.
Earlier we had mutually agreed that the residential property will be sold off and the remains after the closure of the loan will be equally divided between both the children. We decided to deposit the amount as a FD in any bank which can be withdrawn by the Children once they become major.
But now she has changed her stand and wants the entire amount under her name. On my refusal, she has threatened that she will not co-operate in the filing of petition for Divorce under mutual consent, nor in the sale of property.
I had given my view that let both of us divide the amount equally between ourselves, which she has declined.
Now as the property is under joint name I am unable to sell it off independently and if I need to sell I have to agree to her condition of letting her have the entire amount after the closure of loan.
Kindly help with resolution.
Also please help me if possible with some good legal counsel in Ahmedabad.
Regards,
Devajyoti Barman
(Expert) 22 October 2012
Without her consent you can sell the property. Try to make an amicable settlement. There is no other alternative.
M V Gupta
(Expert) 22 October 2012
Repeat query. See the replies given against the earlier psoting.
