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Govind Sharma (Manager- HR & Admin)     20 December 2010

Contract between Husband and wife

Dear All,

 

Suppose a husband and wife's relation is not so good. It is ever changing and the husband really don't trust intention of wife. Now, they want to buy a house in loan. The husband doesn't want that wife should have any claim over the property in future but on at his own will, he may include her in the nominee's list. Now, the husband's income is not sufficient to become eligible for loan amount however the same is possible if he adds wife as co-applicant. Although the wife is a co-applicant she will not contribute a single money on repayment, booking, downpayment and all other expenses of the home.

In this condition, if husband make agreement mentioning all this fact and register the same document, then:

1. Is this contract valid?

2. Can the wife claim right over the property when husband is alive in near future?

 

what are the other ways to solve this issue?

 

Regards

Govind



Learning

 6 Replies

Kamal Prasoon Sinha (Service)     21 December 2010

Dear Mr Govind,

Such contract/agreement will not remain valid incase your wife cliams her right over the property and take legal option for this.

The Hindu Marriage Act and other ralted acts will override the agreement signed between you and your wife. You should not go for such type of arrangements as it will complicate the matter in future.

Regards,
Kamal Prasoon Sinha

1 Like

Govind Sharma (Manager- HR & Admin)     21 December 2010

If that take divorce later say after 3 or 4 years, will thisagreement between me and her still stands invalid?

 

I think we need to do major ammendments in Hindu marriage Act. When someone is not contributing anything in the life and property of life partner, how one can claim his/her property?

V. VASUDEVAN (LEGAL COUNSEL)     23 December 2010

The very objective of a bank lending the money for the housing loan insisting on the wife as co-applicant is to make her also jointly liable for the loan, in case of default by the husband. When she is liable for the repayment she would also be entitled for the respective rights. Even otherwise the contract would be void as advised by Mr.Sinha.

Asgher Mahdi (Advocate & Legal Advisor)     30 December 2010

Availed the facilities for time being, therafter asked her reliquish her rights.

Govind Sharma (Manager- HR & Admin)     30 December 2010

Well, you have to understand thathere, contribution is only paper for time being... not the monetary

Yes, it is wrong to deprieve her from right but right comes with duties and responsibilities

anyway this is not the part of discussion, I posted it here as a part of case study I though to study about Hindu Marriage Act and Contract Act

Conflicts of Law and what serious change our law need to be made

pratyush   07 April 2016

One of my friends is in USA and his wife is in India.His wife is expecting some money from his husband so that she can take a land and construct a house in Hyderabad.But she wants to keep the property on her name and she is ready to pay back in the future (interest & Principal amount) to her husband.Now what sort of loan contract should be created between wife and husband and the loan contract should be trouble free even in case there is any problem in the future like divorce/separation etc.


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