jindal (secratery) 20 February 2012

Property

Dear Experts,

My wife has filed DV, 498A, 125 on me my family. In DV she is demanding 50% share in my flat which i have purchased on home loan. while purchasing flat all payments have been made by me. in fact till date all EMIs are being paid by me only. The agreement is in the name of mine only. I am the applicant in the bank & my mother is the co-applicant. My question is when the agreement is in the name of mine only & i am the sole owner of the flat how can my wife claim the 50% share in the falt without paying a single rupee while purchaing flat or paying EMI? I do not have any kids. After marriage she has stayed with me only for 1 and half years. She has filed cases to extort my flat & my parents flat. Please advice

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 February 2012

She cannot claim 50% share in the property, If she wants share she has to file suit for partition and seperate possession. She cannot also file suit claiming her share because during the life time of the husband wife has no right to claim share in the husband's property.

jindal (secratery) 20 February 2012

Dear MrRajeev,

Thanks for your advice. So far, She has filed 498A, DV and 125. In DV, she has asked 50% share in the property. I hope i need not worry about the same as she can not claim untill i live.

Once again thanks for your advice. I have not met you neither seen you but best of luck for your future.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 February 2012

She can ask for the moon or Tajmahal, but she would get only what she is entitled for.

As the property is in your name, she might just get right of residence there and by no stretch of imagination, she can get the 50% share in the property.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

jindal (secratery) 27 February 2012

Dear Mr.Shonee

thanks for your reply.

I did not understand the meaning of the sentence "by no stretch of imagination, she can get the 50% share in the property" in your reply. Please explain it once again.

Do i need to sell out my property?