kannoni manch (STUDENT OF LAW WORKING IN AUTONOMOUS BODY) 03 May 2018

Wife right on a hypotheticed flat while divorce is pending

dear Experts, Request you to provide your valuable advise. 1.- A person has paid 10% of Booking amount of flat and rest 90% is arranged from Housing Loan from banker under Hypothecation arrangement. The person having divorce litigation under court and the wife is threatening to claim in the flat that is under construction and has not been provided possession. my question is - 1. Can she claim her right in the property? 2. If yeas, my question is the same has not been under possession and until last installment is paid , the ownership will remain with banker, and in such scenario, how can court allow for partition of her share. 3.- Any relevant laws for the share in flat ,please apprise.

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Vijay Raj Mahajan (Advocate) 03 May 2018

If the flat is in joint name of both parties, equal share of wife exists even in the hypothecated property. Bank has right to keep the property at it's control till the complete loan amount paid to it by the parties. Divorce or no divorce, wife as individual has right in the property.