LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Seema Sharma (sr.project lead)     18 March 2013

Joint property rights



I have filed for a divorce as my husband is having  an extra marital affair and carrying on with a girl who is half his age. this is going on now since 4 years. Am married for 20 years and he always have been very abusive .My elder son 18yeras old stays with me and younger 13years old with him. He wants to keep the child with him but pressurises me to pay his fees which is on a very higher side (1 lac per year) which I was paying when staying together and also for a year since separated..  I am little worried about the security of me and my children. I work in a BPO and have been working for the past 13 years and have my husband into real estate wherein all the money he gets is in black and does not file income tax returns as well. What proofs do I require to about his earnings? We own a flat (our only asset) which is in joint names of me and my husband and the papers are with the bank as he had taken a loan. I am the co owner however the instalments have been going from his bank account as the loan is under his name. Now he does not want to give me anything out of the property and says that no court can make me sell it .What are the steps I should take .I am aware that he cannot sell the flat without my signature but I have no bank balance to survive or for any kind of further education of my son so I would need money of my share to take care of my necessities. Also if not sell the property what are the other possible steps to get my share?

Please advice!!!



 4 Replies

stanley (Freedom)     18 March 2013

This is a repeated query which has already been answered .

Tarveen (Self Employed)     18 March 2013

Dear Querist , You have not mentioned whether you already got the divorce or you are simply staying apart. In all cases you are entitled to get the maintenance according to the status of your family and as per the prevailing facts and circumstances. You have rightly said that he cannot sell the property without your signature and consent and also the property has a lien in the form of the mortgage of your property . You must consulat and meet an advocate in person to get the clarity of the options available. You may contact for any further clarifications, if any . Regards Tarveen Singh Nanda Advocate & Consultant
1 Like

Seema Sharma (sr.project lead)     18 March 2013

Dear Tarveen,

We are staying apart for the past 1 year .The divorce has not been granted yet. He has been cheating and wants to defame me by putting the same allegations on me so that she will not be able to pay any maintenance and the share of the property.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 March 2013

You can ask permanent alimony from your husband in the divorce petition. I hope you already filed interim maintenance. Ask your lawyer to file interim maintenance petition till divorce case is dispose off.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register