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sagar (Worker)     23 November 2021

"hindu family: joint property + divorce"

Hello,

I have a friend who has brought joint property along with his wife.  Detail of contribution is as follows:

1) Loan amount   :  50%

2) Husband mother contribution(pension and savings)  :  20%

3) Husband contribution(Salary) : 25%

4)  Wife contribution via salary: 5%.

All transaction are white transcation via cheque and DD.

 

Property is jointly registered by husband and wife (with No % percentage ownership share documented in sale deed).  Also, husband and wife are co-applicant of loan. But only husband is paying EMI alone.

My friend and his wife are planning to divorce, I would like to know what are claims of his wife,

1) Does his wife will get only 5% share ?

2). Does his mother(husband) also can make claim on property?

 

 

 



 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 November 2021

As per the sale deed your friend's wife has got 50% of right over the property.  But the loan amount shall be paid by his wife is only 5% as per your stated facts.

sagar (Worker)     23 November 2021

My friend WIFE is NOT paying any EMI. 5% is her contribution towards principal payment.

 

 

Real Soul.... (LEGAL)     24 November 2021

Originally posted by : sagar

My friend WIFE is NOT paying any EMI. 5% is her contribution towards principal payment.  

the share in sale deed will decide , whatever is the share in sale deed that will be prevaling ; 

sagar (Worker)     24 November 2021

How about my friend mother rights?


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