kalyan (engineer) 20 January 2013

Liabilities - compensation - property

Dear experts,

I am a NRI. If I take home loan to relative of NRI, will the EMI be considered as my liability while calculating compensation amount to my 498a wife?

According to 6^th point of this link https://www.iob.in/Relatives_of_NRI1.aspx, property should be registered in the name of relative. So, if I register the purchased house in my mother name, I could save the property as well as I could reduce the compensation amount. Am I right or not?

If I have 2400 sqft land which is worth of 20 lakhs and purchased from my hard earned money. Will it be considered for compensation? There is no house in that land or any income from that land. Can my wife ask for a share from it?

I have deposited 15 lakhs rupees in my mother account. She is senior citizen and depends on me. Can my wife ask for a share in that amount as it was deposited from my income?

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5 Replies

Chetan Joshi (Advisory/Advocacy) 20 January 2013

As far as demands are concerned, she may have any..Permanent alimony or maintenance is given to the wife so that she can maintain herself in the absence of husband and not to accord her with luxuries.....Tranfering the properties will help...

Court looks into the matter of the quantum of compensation which is awarded. Under what section is the compensation filed?

Regards

Chetan(dot)7679(at)gmail(dot)com

Rahul Kapoor (Legal Enthusiast) 20 January 2013

hello,

you should transfer that property to some other person in your family.( like your mother ).

regards-

rahul.gogreen@gmail.com

Msk-need -nuetral- laws (self) 21 January 2013

Kalyan,

Property acquired or transferred before divorce pettion is not taken into account while considering maintenance, however your loan amount is taken into account.

kalyan (engineer) 22 January 2013

@Mani-need-neutral-laws,

I have filed divorce petition in last August and yet to be heared. First hearing of her side is adjourned to April. If I transfer my land to my mother name before April, will it work? In addition, if I take housing loan and built house in that land, will my wife have rights on that house?

Msk-need -nuetral- laws (self) 22 January 2013

If property was not attached which is in your name in DV or 498a and did not get any notice prohibhiting its sale or transfer, then you are safe and do as fast as you can. regarding housing loan, I think its is deductible for maintenance