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Sanjiv kumar (service)     08 October 2016

Property division during divoece proceedings

My wife has filed for Divorce under 13(i) a & B in 2012 in Hyderabad and the case is in trial stage. IWe have a house in joint name which is partly on rental and the entire house has been built by me from my own resources without any financial contribution from her. this house is put on rent by me to fund entirely the housing loans and balance amount is spent on our only son's education and I have rented it out as Karta of our HUF even though the property is in Joint name. Is it in order or there can be problem for me?

 

Further, my wife is now demanding 50% of rental from my tenant in her name and threatening and bad mouthing him. I am ready to share the rent proportionately with her after deduction of loans/ Income tax/ cost of construction born by me proportionately but she has taken a stubborn attitude and not ready even to talk. I occupy the other part of house. What can I do to safeguard my hard earned investment and yet stay on right side of law.

Kindly advise, Thanks  



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 3 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 October 2016

Rightly or wrongly you have used her name in acquiring the property and you have no other go except to give her share. So put the issue of partition of property before court with all facts and evidence and take injunction till the court final order through an IA in same case.
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Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 October 2016

On the other hand, ask your tenants to take injunction against her disputing her ownership in the property.
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Anand Bali Adv. (Advocate Solicitor & Consultant)     10 October 2016

Yes I agree with the Advocate  Mr Narsimha Rao up to some extent that the injunction case will save you to get the rental amount till its partition can not be made through the court proceedings Or by mutual consent between you and your wife. However as per my opinion as you already have cut short your legs by making her joint owner of the property you should pay her half rent and enjoy the rest with you oor go for the partition of the property where also you have to give her past and pendentelite half rent received by you. It is better to part with this ASAP. 

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