Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

baputhal (associate)     20 December 2012

Claim in property?

Hi,

My younger brother is married in Feb 2012 and she is in an affair with my brother's close friend after my brother's engagement. And we came to know this fact just before few days of marriage. When we came to know and asked the same, she refused and her family threatened to commit suicide.
When the incident about her illegal relation was informed to her parents, her parents instead of advicing her turned out against me.
Then she promised that there was nothing in between me and that my bother's friend. And I am going to stay with my brother lifelong. But she could not keep her promise and she continued to have her affair even after the marriage. And within 25 days, she absconded by locking the bathroom and flat's main door from outside.
She filed Domestic violence and 498A against all my family members which going on at present.
In Apr 2011, we booked a underconstruction flat on my brother's sole name in pune which was financed by me (Initial 20% of total amount).
Remaining 80% of flat amount was sanctioned by house loan which is running at present.
My question is in case of divorce, whether she can claim on my brother's underconstruction flat which is bank's custody.
And if she can claim on the same, then how to save the above said flat from giving her share.
Please suggest. Thanks in advance.

 



Learning

 7 Replies

Advocate M.Bhadra   20 December 2012

if the property was purchased in the name of your brother  as absolute owner and is belong to him then she can not claim during life time of your brother.If she is residing and posessioning in the same property then your brother has option to defaulf the repayment of EMI and bank will take possession.

Msk-need -nuetral- laws (self)     20 December 2012

But she can ask for the attachment of the property for interim maintenance and future maintenance if she wins DV and  the contested divorce case if you plan to do so.

baputhal (associate)     20 December 2012

Thanks a lot for valuable information...my brother is absolute owner of the property which is still underconstruction. We have not received possession of the said flat. And clause of article 5 (g-a) schedule 1 of bombay stamp act 1955 is mentioned wherein if we sale/transfer the flat by making sale or transfer deed, we will get benefit in stamp duty payable. If required, we can make the sale deed on my wife and myself's name to save the flat from giving the share to her.

Please suggest. Thanks in advance.

Msk-need -nuetral- laws (self)     20 December 2012

wisely do it, before she moves on CrPC125 or even if you go for divorce.

Rahul Kapoor (Legal Enthusiast)     20 December 2012

hello,

if your brother got the possession then transfer the title to any other family member (like your mother).

 

 

regards-

rahul.gogreen@gmail.com

 

baputhal (associate)     20 December 2012

Hi, Can we do sale agreement or transfer agreement with consideration of builder and without consideration of bank? If we take bank into picture, bank will ask for closure of the loan by paying full loan amount which is withdrawn till now.

Whether bank can take any objection if we do sale/transfer agreement without their consideration.

rajiv_lodha (zz)     20 December 2012

Advisable not 2 keep any immovable property in ur name while u r fighting matrimonial cases in India


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register