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Uma (NA)     20 October 2013

Is it possible to claim share of flat legally after divorce

My divorce is granted mutually in UK. During divorce process the assets settlement didnot happen.Now i wish to claim my share of flat and money that my husband is holding currently. I have all proofs for bank translations. I am a working women.I didnot ask any maintenance nor have done any case against him .

Please give me advice how can i claim my assets from him.Is there any legal procedure to do so ?
 

 


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 6 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     20 October 2013

Clear the facts that divorce was based on mutual consult?if yes then no share in house.

ashoksrivastava (scientist)     20 October 2013

r@ uma what do you mean by "my share of flat"? did you share the EMI of loan? regards ASHOK

Uma (NA)     20 October 2013

No , the property is not under any loan .I had contributed ~8 L  while he was purchasing the flat. Kindly suggest me what legal procedure can be done to claim.

K.K.Ganguly (Advocate)     20 October 2013

1. If you jointly hold the ownership title of the property i.e. if the title deed of the property has been registered jointly in your name, you can file a partition suit for the said property,

 

2. If the property has not been registered jointly in your name, you can file a Money Suit claiming the amount you have paid for buying the property alongwith interest thereupon. 

T. Kalaiselvan, Advocate (Advocate)     20 October 2013

Ms. Uma,

As rightly suggest by advocate Mr. Ganguly, you can send him a legal notice either to partition the house property and hand over separate possession of your legitimate share in the property or to compensate you with proportionate cash amount in lieu of the share in the property.  Further, as stated by you, if your cash is also held by him, you can include that fact also in your legal notice and suppose if he fails to respond or is not complying with your demand, you may approach appropriate court of law seeking the desired relief and remedy. 

Advocate Kalaiselvan, Vellore, Ph: +919443441062

Adv. Chandrasekhar (Advocate)     20 October 2013

If divorce decree was passed under Hindu Marriage Act, you are entitled to seek the shares in immovable and movable properties under Section  25 of the Act, by filing application in the Family Court, and your success depends upon the proof you can bring before the court regarding your financial contribution in those immovable and movable properties.


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