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Jaydeep Naik   22 June 2020

flat registration

if the flat is taken in hsg loan by the husband, and at the registration he includes his wife name also. so at the time of dispute between husband n wife they were separated.and husband sold the flat.can wife claims the half of the selling price.is their any law with spouse because the flat purchase from husbnd salary .


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 4 Replies

Dr J C Vashista (Advocate)     23 June 2020

Originally posted by : Jaydeep Naik
if the flat is taken in hsg loan by the husband, and at the registration he includes his wife name also. so at the time of dispute between husband n wife they were separated.and husband sold the flat.can wife claims the half of the selling price.is their any law with spouse because the flat purchase from husbnd salary .

Wife has also claim, right, interest and title on the flat irrespective of the fact husband has paid loan, he cannot sell the flat at his own (without consent and authority from his wife).

If he sells the transaction is illegal and invalid which can be set aside/ cancelled.   

Kishor Mehta (CEO)     23 June 2020

If wife's name is included in the registered document, and the ownership proportion is not documented, she is an equal owner. She can claim equal share in the flat.

P. Venu (Advocate)     23 June 2020

Admittedly, the couple are only separated, not divorced. If the divorce is by mutual consent this aspect could be taken care of, as mutually agreed.

SHIRISH PAWAR, 7738990900 (Advocate)     23 June 2020

Hello,

Wife can claim share in sellig price of flat. Wife can also take legal action to challenge the sale or demand the share in the selling price or stay of the sale. 


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