Ownership in Flat post Divorce

Which personal law applies in your case?

Or are you all Hindu?

The marriage is registered? If yes under which Act?

 Confirm!

The property should be of nature self earned/acquired.

You are the sole owner.

Generically speaking;

Spouse has NO forced share in self earned/acquired estate/property of other spouse?

Spouse has NO forced share in ancestral estate/property of other spouse?

Spouse is NOT Co-parcener is ancestral estate/property of other spouse?

One can dispose his/her self earned/acquired estate/property in one’s life time in anyone’s favor ……………even a stranger…by any valid/registered deed.

However why do you feel the impulse and need for transferring the property?

Moreover you cannot alienate the title without consent of lender, until or unless you have paid the debt and property is released by lender?

You may rather focus on; saving the marriage that you want as per your query/post..

If possible crease all differences with your own efforts and/or with help of elders of family, well wishers, mediators, councilors,..  even children and save the marriage and enjoy pleasures of married life………

IT is entirely your personal decision to share your estate, wealth, property with anyone………..by your sweet will. The spouse must not put conditions of parting with estate, wealth, property for union with other spouse…

Understand what is illicit relationship, adultery, grounds and irrefutable evidence required to establish IT?

Record irrefutable evidences of threats, cruelty, desertion, (adultery if there is) ….keep unshakable witnesses…and also funds being supplied for maintenance….although you are deprived of blissful marital life…

IT is probably because of payouts that the other spouse has not filed complaints and cases…

IT is time to save the marriage and also build irrefutable evidences ….keep unshakable witnesses.

If all efforts have failed, IT is your call to end marital bond; with MCD or contested divorce…

Avoid rushing to courts empty handed and without any evidence…

Find and approach your own very able senior LOCAL counsel(s) of unshakable repute and integrity specializing in Family matters and having successful track record …and worth his/her salt…for considered opinion on merits o n your side and counsel to save and/or end the marriage whatever is possible as per your situations…

Try to interact with successful spouses that have saved the marriages And PIP that have won in courts of law…

and avoid running to courts in haste..

Originally posted by : Aranya Majumdar
	Hello experts,I badly need your advise as I am going through tremendous metal trauma. the backgrounds is one month back , I found my wife having objectionable chats.. intimate languages used through what's app with an outside married person (I got those messages with me as proof).when I asking her ..she denied and after hot argument she left home to her father's house for 2 weeks saying she will put a violance charge on me under 498 and put me in jail. I have made NC about it in police station. After 2 week she come back to Mumbai and staying separately in a rented flat( she is working in a school ). now she is demanding. that I should give her 50% of my own purchased flat to her name else she will not come back home. The flat is registered in my name as single owner and I am paying the EMI from my salary . my son, 12 yrs not ready to go with her and stay with me. My daughter 5.5 yrs is staying with her and I am transferring approx 15k for her and daughter expenses also this is the first month . even I spoke her and requested to come home. . but she is adamant to get 50% ownership as a conditio , she said after 1 yrs she will file divorce against me and legally snatch 50% of my flat even if I have yet paid the loan there huge outstanding amount and it will takeb10ys to complete the loan.. My question can she do that? I am worried that she may continue her relationship even I give 50% and stay separate / marry other guy later and my own hard-earned mony gone into the flat become others?..please advise how I. an project myself ..thanks a lot

If you do not see a future in your marriage, it is better that she is out of the house.  Since it is her matrimonial home, she has a right to reside as long as she is in the house but no right on the title, unless and until it is in joint names and/ or she is able to satisfy the Court that she has contributed towards the flat.  I would advise you, unless you do really want to save your marriage, do not call her back as if you resume cohabitation with her, then you are condoning her affair and later on cannot take advantage of the same to obtain Divorce from her. She cannot legally take 50% of the flat except under the circumstances mentioned hereinabove.  I would advise you to use her affair details and file for Divorce and custody of the minor daughter.