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chandan (service engineer)     28 July 2012

Partation

Property has been brought in joint names ( husband and wife ) .Wife has filed DV case  . Wife claims in her dV case that she has paid the major share in purchasing the flat .Husband has exhibited that the ratio he has paid is 70 percent and what she has paid is 30 percent and the major share is of the husband . How would the property be divided in case husband and wife want to go their seperate ways and wife wants her share of the property .In what ratio would the  property be divided when it is in joint names as husband has paid the major share .



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 July 2012

Let them prove their respective claims. The one who can prove his/her share paid will get the share to the extent he/she has paid for the flat. The property can be sold and the proceeds can be divided as per the ratio of their contribution towards the flat. Otherwise the one who wants to retain the property can purchase the other person's share.

chandan (service engineer)     30 July 2012

Thanks for your advice Adv Archana .


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