Rajesh Jha (Sr. Marketing Manager) 25 April 2012

Urgent advice please!!

Dear Sir,

My wife had filed 498A, 323 & DPA 3/4 against me in February 2011. Then I filed divorce petition on the grounds of cruelty and other cases under 379, 404, 504 & 506 against her. She has also filed section 24 & 125 for maintenance, although she is working and I have all the proofs. The other case for visiting rights (my 2 year old son is with her) under Guardians & Wards act is also going on.

I had purchased a flat in 2004 in the joint name of myself and my father. In 2008, I purchased another flat in the joint name of myself and my wife, which is under construction and no registry has been done. I am paying the EMI for both the loans, and have all the proofs.

Please let me know whether she can ask her share in my property or not? What will be the impact of marriage act amendmendt passed recently? Can she ask share in the name of my son? Can I transfer these properties to my mother? I have made a will in favour of my father.

Please let me know how to safeguard my hard earned properties.

Thanks & regards,
Rajesh Jha

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 April 2012

Dear Mr.Jha,

1. A lot of litigation is already pending, have faith in your existing lawyer.

2. The Amendment Act is not passed - it's just a proposal that has been accepted by the Cabinet. A lot of deliberations in both houses of parliament + passing + presidential assent + notification is still required. Nobody can say how exactly the law would shape up.

3. If the funds were not ancestral - the son does not have a right, leave alone your wife.

Feel free to talk!

manish (cdsdfasd sdf) 25 April 2012

if the flat is under joint name of your wife and you, then she can grab half of the property.. you need to work out whtehr you really need to pay EMI and then see the house vanish. take legal advice