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anoop (legal)     18 February 2012

Property co owned by husband,wife and mother in law

I am based out of Delhi, me, my mother and wife are the co-owners of a small commercial property.

% of share is not in papers.

The property was in the name of myself and my mother, Wife's was not co-owner in the property initially due to lack of funds she contributed 15% of the amount and forced to make her the co-owner in the property.

After some time when i got the funds she insists that i should pay back the amount she invested and told her to remove the name from the property. when i returned her the amount she refused to delete from name from the property. Now because of several other issues divource is the only way left.

Pls guide can we get the property back from her if not  then while deciding the alimony or divorce settlement will the court also take view that she had enough money with her?

 

 



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     18 February 2012

Anoop,

No, you cannot get her share of property even if you are able to prove the return of money to your wife.

Court will consider it at the time of ascertaining the quantum of maintenance.

anoop (legal)     18 February 2012

Thanks sridhar,

 

I don't have any immovable or moveable assets, my parents have disowned from their property.

my wife is living at the first floor of my parent's house and torturing her and refused to leave the house. I am living on rent nearby to my office, 

How much alimony or mainteance i have to give to my wife? we have 5 years old daughter from the marriage?

Shantilal Pandya ( Advocate)     19 February 2012

 Mutation of names  or otherwise  in the proery register would not  decide the  title  of the property    in your  case the title    would be  that  of   contributors  of the  funds  in that way  you  continue to hold the property  as before   to the  exclusion of your   wifes  coownership , of course subject to  proper adjudication  on facts ,

 In case of maintenance  proceeding  the amount of  alimony is  fixed by the  court having regard to  the means  and   income of the  applicant  and opponent  both  and  also other legal  obligations of maintenance etc   of the  opponent , life style   and  status of the parties , economic  needs    for   both the parties  etc.

Shantilal Pandya ( Advocate)     19 February 2012

 Mutation of names  or otherwise  in the proery register would not  decide the  title  of the property    in your  case the title    would be  that  of   contributors  of the  funds  in that way  you  continue to hold the property  as before   to the  exclusion of your   wifes  coownership , of course subject to  proper adjudication  on facts ,

 In case of maintenance  proceeding  the amount of  alimony is  fixed by the  court having regard to  the means  and   income of the  applicant  and opponent  both  and  also other legal  obligations of maintenance etc   of the  opponent , life style   and  status of the parties , economic  needs    for   both the parties  etc.


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