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Prakash (Private)     21 August 2014

Regarding brother's wife right in property

Dear experts,


My brother and I are the co-owners of a flat in Faridabad where we two brothers and our parents are residing. This flat was bought 7-8 years back even when both of us were unmarried. Now my brother got married about 2 years back and his wife left him after 4 months of marriage and has filed cases in DV and 498a/406 etc against my brother. In DV she is asking for interim maintenance and also right to residence along with protection and also a hefty compensation amount. Needless to say that the cases are all false as there was never ever any demand of dowry and any bad behaviour from my brother to her.


My worry is, this flat is purchased jointly by me, my brother and our parents.

1) Could there be a scenario in which we may be asked to leave the flat or the flat may be auctioned or sold off for recovery?

2) Does my brother's wife has any legal right over this property which was bought 5 years before the marriage?

3) In India, do wives have any legal rights on the property purchased post marriage even though they do not have any name in the property deed?


Kindly suggest any means by which me and my family (which includes my parents and now my wife and childrens, is shielded from this problem). Advance thanks to all of you.



Learning

 2 Replies

Advocate Rohit (Advocate)     21 August 2014

Dear Friend!

 

Since this property is jointly purchased by you and your brother. Therefore, your brother is entitled for half share in the property. Thus, under no circumstances the Court will make you and yours family members to vacate the house. You need to maintain all the details of contribution made you, your parents and your brother for jointly purchasing the property.

 

As far as compensation is concerned, your brother needs to fight out the matter in the Court and prove that he is not guilty and he is still ready to accept her.

 

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

Prakash (Private)     21 August 2014

Thank you Sir. Also, I have two kids and since its is a flat, if my brother's wife wins Right to residence, she might be able to do some harm to the kids. Is there any legal protection that we can seek against it?


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