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itssabri g (Soft. Engg)     05 January 2011

Is marriage agreement before marriage(8 months) possible

Sirs,

I have a situation where I need a loan for booking a flat on joint account with my would be wife. The loan that we can get individually is not sufficient for the purpose. For that we have to marry within one month which possible only through court marriage as our parents want the marriage by hindu tradition they wont agree for court marriage, so we cannot hurt their feeling by doing court marriage(with or without thier knoledge).

I came to know from a friend that we can make an agreement of marriage before the actual marriage against which the bank will issue the required amount of loan on joint account. The agreement will contain legalities like payment of EMI in case of no marriage takes place or seperation etc which you all know way better than me.

If we do not act quickly we may loose the property and may not be able to find same in the current budget. The agreement can solve all the issues for loan etc.

So is it possible to do this? And if yes what is the procedure and risks ascociated with it?

Waiting for the valuable replies...

Thanks



Learning

 5 Replies

itssabri g (Soft. Engg)     05 January 2011

I have found some supportive information to my query of marriage agreement before marriage.  Please check with the below link .

https://www.lawyersclubindia.com/forum/Marriage-Annulment-29593.asp

Saurabh..V (Law Consultant)     06 January 2011

@Saurabh

 

This forum could suggest you about proper marriage and technicalities involved. However your case is very different. You are seeking a loan and that too on joint account.

 

In my view this 'marriage aggreement' would also form a type of contract marriage. May you accept or not but you are going to get married. So better that you perform a court marriage, and do not disclose it to your parents. There are no consequences different than a marriage performed with hindu rights. And moreover, it always better to get your marriage registered as per Section8, HMA,1955

 

 

//peace

/Saurabh.V

1 Like

Arup (UNEMPLOYED)     06 January 2011

I came to know from a friend that we can make an agreement of marriage before the actual marriage against which the bank will issue the required amount of loan on joint account.

- WRONG CONCEPTION. YOU MAY TAKE JOINT LOAN WITHOUT PERFORMING THE MARRIAGE. WITHOUT ASKING HERE AND THERE, YOU BOTH GO TO BANK STRAIGHT, ASK THEM ABOUT THE POSIBILITY OF LOAN / JOINT LOAN. THAT WILL BE AUTHENTIC.

1 Like

Arup (UNEMPLOYED)     06 January 2011

YOUR POBLEM AND HIS (LEGAL FIGHTER) PROBLEM QUITE DIFFRENT.

itssabri g (Soft. Engg)     07 January 2011

Arup,

 

Thanks for the authentic advice I would love to go that way but I have already asked the bank for any possibility of joint loan without marriage and the bank has refused it.


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