suma (na) 13 August 2014

Wife's share on property purchased in husband's name only

Hi, My husband purchased a flat 2 years before marriage taking home loan. In that 2 years no principal amount was paid to the bank. He was only paying the interest. After marriage[ From past 6 years], I am also contributing to that home loan as I am also working. But there is no proof for that as home loan is in my husband's name. And my name is nowhere mentioned during registration as it was purchased before marriage.

Now the loan is getting completed. Husband say's he will gift the home to his parents. I don't have any right officially as it is in his name alone. There is no proof about my contribution to the home loan also. And my inlaws are claiming that it is purchased before marriage and they also have contributed to the property [which is not true] so it should belong to them.

So I just want to know what does the law says? Here flat is taken 2 years before marriage and home loan of it is completed 6 years after marriage. Will I have share on this property or not? MY husband or my inlaws are not ready to convert it as joint account and they dont my name to appear in any registaration paper. But I only need to contribute financially whithout any proof.

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5 Replies

Kishor Hajare (Advocate) 13 August 2014

Madam,

In that case, you have to approach to the court for declaring yourself as joint owner of the flat.

You have not clarified whether your husband is having another flat where you can live.

If you dont have another flat, then you can mention that thing before the court.

Regards

Adv.Kishor Hajare

9930647734

T. Kalaiselvan, Advocate (Advocate) 14 August 2014

If you don't have any evidence of your contribution towards the investment of the property, you stand to lose your case, it will be treated as your husband's self acquired property over which only he has full rights to deal with the property and dispose it in any manner he desires so. talk to him and reconcile the issues otherwise you have no case before court of law.

suma (na) 14 August 2014

Thank you sir.In worst case, if something happens to my husband, will my daughter have right on that property?
Or does it belong to my inlaws as it was purchased before marriage? [Incase if the property is in his name alone]. Please clarify.

ramgopalpadala (Document Writer) 19 August 2014

Mam, In worst case, if something happens to your Husband, you and your daughter are only legal heirs and you both have the equal right. Ur in-laws don't have right in it.