Ab (None) 17 February 2010

Attachment of property in Divorce proceedings

Dear Sir / Madam,

I would like to know what is the law, in case when the property is jointly owned by multiple people related by blood relations but one person in the jointly owned property has been filed upon by divorce proceedings by the wife. What are the legal implications? such as, can the property be attached for maintenance? or in general can the property be attached for any of the divorce proceedings? or any other legal implications which the persons should be concerned of?

Would really appreciate if well informed members in the forum could reply.

Thanks and Regards.

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5 Replies

Hardik Mehta (Family Counsellor) 17 February 2010

AB,

The property will not be attached for any divorce proceedings. To relinquish the share of the wife, appopriate amount divided on pro-rata basis should be given to the wife for her contribution in the property. There is no other legal implication

Arvind Singh Chauhan (advocate) 17 February 2010

I agree with Meheta Sir.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 19 February 2010

Such joint property has nothing to do with the divorce proceeding or its consequences attachment as it has only share of the husband and not exlusively owned or possessed by him. Until it is devided by meets and bounds, it cannot be attached.

Parth Chandra (none) 19 February 2010

I have a question out here...in case of divorce

1) If there are X,Y,Z property on husbands name (some are inherited)...some are self-owned and wife has never made any monetory contribution then what are the claims she can make in each kind of property?

Raghavendra (ragsan@gmail.com) (Lawyer) 01 March 2010

you can prohibit they from selling the immovable property where husband has rights under the Protection of Wonem from Domestic violence Act, and if they violate and sell the property, that amounts to breach of protection order u.s31 which gives rise to filing of a criminal case leading to punishment..pls ref the said, if u want some more clarification write back