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Madhan (Software engg)     29 April 2010

My wife claims my property

Myself and My parents constructed a house by getting house loan before my marriage, (House is in my mothers name and loan is taken by me and my mother joined), Till then I was paying part amount for the home loan EMI and my parents pay the remaining. It was almost 2 years now, and My wife now says that she has all the rights to claim the property, She says that the loan EMI is debited from my account every month and so she can say that as a proof to claim it.

My question is.. Will she be able to claim it if I am not interested give it to her ? Since I am paying the montly EMI does she has the rights to claim it. Please help me in understanding this ..

FYI.. My wife is not working and she has not contributed anything to pay the EMI.


 6 Replies

Gundlapallis (Advocate)     29 April 2010

While living together, NO she cannot claim. 

unique horn (self)     29 April 2010

It seems that the plot was in the name your mother. If it is so, even you cannot claim the title since your are paying EMI . Your mother is the absolute owner of the house.

Shreyas Zinjarde (Advocate/Consultant)     30 April 2010

save yourself..It seems that your wife is not interested in you but has developed an eye for the property. See to it that your name as owner i/co-owner is recorded with the revenue authorities. Similarly, what declaration did you submit while obtaining the loan? Revert back please ...

Madhan (Software engg)     30 April 2010

Thanks for all your reply.

We have pledged the land document of our building for the loan.

Is there a possiblity for her to claim the property, if we decide to divorce ?

scharlie (worker)     03 May 2010

She can not claim if you are still lieving with her. if you are divorced then she can.

child custody advice for children


1 Like

Krishnamoorthy (Facility Manager)     04 May 2010

The child custody advice for children links says if the husband and wife has a kid they have the responsibilities to take care of the kid after separation also. But can you pls let me know if the property is registered with the name of the husband and taken loan before the marriage and continuing after the marriage and also they have no kids.  Does the wife have the rights to clim the property if she has not participated paing any EMI.

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