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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 with wife under court and wife is GOVT DR. working with Delhi Govt did not paid a single penny in down payment /EMI AND HUSBAND IS SINGLE OWNER. 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.


 2 Replies

Kumar Doab (FIN)     03 May 2018

Which personal law applies in your case?

Or are you all Hindu?

 

Confirm!

Kumar Doab (FIN)     03 May 2018

The lender has 1st charge on secured asset/property till debt is paid back..


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