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Saleem   11 December 2020

Purchasing house when divorce and dv cases are pending

I am a muslim man, i have filed for divorce and my wife has filed 498a and domestic violence cases against me. I do not have any children. I wanted to purchase a house by taking home loan. I wanted to know if my wife will have any claim on the house which i am going to purchase. I wanted to know if legally i will have any problems or issues.



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 4 Replies

Shashi Dhara   11 December 2020

No ,purchasing new property  is yours and she cannot claim any right over it except mehar which was mentioned during the time of nikah.u will have full right over it.

SHIRISH PAWAR, 7738990900 (Advocate)     12 December 2020

Hello,

Your wife cannot claim the house property which you intend to purchase. Your wife at the most will have the right to claim for maintenance from you.

 

P. Venu (Advocate)     12 December 2020

Yes, your wife does not have any claim or right in your property during your lifetime. A wife is only a legal heir to the husband's property, left intestate.

Dr J C Vashista (Advocate)     13 December 2020

She do not have any interest, claim or title in the property under purchase transaction.

You have already engaged / paid an able, competent and intelligent lawyer who is well aware about facts and circumstance of case(s) what is his/ her opinion and advise, follow it and proceed if you have not lost faith in him/ her (your lawyer).

If you have lost faith in your lawyer change him /her immediately.

It would be advisable to consult and engage another local prudent lawyer for better analyses of facts/ documents, professional guidance and necessary proceeding.


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