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s.malhotra (manager)     21 April 2012

Flats

I had sold a land after marriage which ihad purchased before marriage and bought 2 flats in mumbai with proceeds to adjust LOng term cap.gain tax.since land was solely on my name both these flats had to be pn my name, also i bought one flat jointly on mine and wifes name from other funds, Now if my wife goes to court for divorce, can she claim any right over these flats, this is our second marriage and she is not legally divorced in divorce court from her ex husband and has a girl child 19 years old staying with us.



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 April 2012

If she is not legally divorced from her first husband then your marriage with her itself is void.

manish (cdsdfasd sdf)     22 April 2012

Badhai ho... your marriage is null and void.. she is still the legally wedded wife of another person.. But the other person can sc*ew you by putting a case of adultery on you - he cant put teh same case on his legally wedded wife.. ::)

Gaurav (Mumbai)     23 April 2012

your marriage is void-ab-initio...first she should take legally divorce from her first husband because in future May be, her first husband filled suit on you for his 9 year old daughter.because she is not your daughter....itz better that u leaved her and said to her that first he took divorced  from her first husband if he refuses her then you can file petition on him.........

Adv. Chandrasekhar (Advocate)     23 April 2012

Irrespective of the question of validity or non-validity of your marriage, she is entitled to the share of the property,  which you described that both of you have got joint title. 

Tajobsindia (Senior Partner )     24 April 2012

@ Author,

 

I agree she has ‘share’ in your properties. Rest matters are question of Law. In my opinion you made some hasty mistakes in past and now been ‘enlightened’ politely take back ‘her share’ by speaking some lullabies to her and ‘gift deed or transfer’ such shares to someone known to you and once her past issues are sorted lead blissful marital life with her. Also suggested to have asap Chamber discussion with an Advocate in your region on modalities on how to ‘socially go about it’ without raising loud alarms into her ears as hinted herein.


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