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baby123   10 April 2015

Status of joint property after divorce

Hi,

Me and my ex-husband has bought a property owned jointly. 

- I have paid all the initial deposit towards booking and initial deposit. I do have the cheque details with me.

- All the EMIs till date are being paid by my ex-husband.

- When I was abroad and my ex-husband used by savings money for his expenses. I can prove it.

We both divorced by mutual consent and are now re-married.

However, recently my ex-husband contact me to write the property in his name. But on asking for compensation (as i paid the initial deposit + his expenses when I was not in India), he refuse to pay me.

Now I will be moving out of India soon and want to close this issue for good.

My query is 

1) Can I claim 50% of the property now or I can claim only the fraction of % amount that I had contributed towards initial deposit? If yes, what is the process?

2) Since usually the court procedure are time consuming in India, what is the best option I have with me to close this property.

Appreciate your help.



Learning

 4 Replies

saravanan s (legal advisor)     10 April 2015

you both have equal share in the property irrespective of the amount that each would have invested in the property as you both are coowners.try to settle the issue amicably.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 April 2015

Mam, Better make a RD from either side and take the compensation in liue of the same ... Warm Regards Kapil Chandna Adv 9899011450

baby123   27 April 2015

Hi saravanan,

Thanks for the reply. Actually my ex-husband does not want to provide any compensation nor wants to provide 50% of the property. In such case, what are the legal option I have and usually how long does the entire process takes to complete.

 

Hi Kapil Chandna,

Thank you for your reply. What is RD?

saravanan s (legal advisor)     28 April 2015

then the only way is to file a partition suit in the court

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