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anbu bangalore (aaaa)     24 January 2016

Property value calculation while divorce

Respected All,

how the court will calculate the value of land and home property while divorce ?



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 January 2016

Sir,

 

Court generally don't value the property at the time of divorce and especailly when the same is an ansectral property, but yes the courts can take the property into consideration while granting the permanent alimony.

 

Warm Regards

Kapil Chandna Advocate

9899011450

anbu bangalore (aaaa)     24 January 2016

sir,

is possible to please give detail like what is "court take in to consideration.." means?


(Guest)

ourt take in to consideration.." means that court will calculate value by the registration office at the time of alimony . if your property values more, the alimony would be more, if less then less.

 

you can save the property by giving it to somebody else by will. then the court will not consider the property. just do it for the time being. then when divorce is done, just cancell the will and prperty will be yours. but do not tell the person whom you are giving the property that you gave the property to him.

sandeep (pvt service)     24 January 2016

and what about the property which is jointly held be two brothers?

anbu bangalore (aaaa)     24 January 2016

Kapil sir has mentioned like "court generally don't value the property at the time of divorce...courts can take the property into consideration "

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

There s no question of court will calculate the value of land and home property while divorce.

 

Court as got plenty of other jobs to do instead of calculating the value of land and property.

 

If there is a pending application before the court on the basis of partition or possession , the court may appoint a commissioner to assess the value and call for the guidelines value of the property. It will discuss the commissioner's report in the open court between both side lawyers and then only court will come to a conclusion.

anbu bangalore (aaaa)     01 February 2016

Thanks kalaiselvam sir


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