Divorce property concerm
Maddy
(Querist) 13 July 2017
This query is : Resolved
In love, got married in 2003, after 2yrs in-laws wanted us to buy house, so transfered INR 1o Lacs into my a/c, out of which bought a 1RK for 7.5 Lacs in both our names i being the primary, paid 1Lacs personal loan, rest spent on us. Now afted 3yrs of staying apart without any contact planning for divorce, as she dont want to stay with my dady who is 75yrs of age and alone. Will I be entitled to pay 50% back or less or more. We have a boy child 5yrs of age in her custody. havent paid expenses since we are not together
10 lacs paid by chq but no written commu on the purpose of the cash. received as help from father in law. she is hsc pass not working as family is in good condition. son attending icsc school fees 3k per month no contact since 3 years sir.
the fore-said property is gone for re-development since one year w bought it. developer is paying rent since then received by me. cannot sell flat to distribute cash as it may take more 5 yrs or so for the building to stand. she is asking for the full property as it was her money but i feel it was my idea of investing in that particular building as i had in-sights being born n brought up there
Kumar Doab
(Expert) 13 July 2017
Is there any irrefutable communication/evidence on record or OP’s admission that Rs.10 lakh were transferred for purpose(s) as posted by you!
Rajendra K Goyal
(Expert) 13 July 2017
Whether she is employed / having good source of income ?
If not, maintenance has to be paid to her.
maintenance has also to be paid to son.
since property is in the name of both, she is entitled for half of it.
Kumar Doab
(Expert) 13 July 2017
Same Query;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=151715&offset=0
Kumar Doab
(Expert) 13 July 2017
Same Query:
http://www.lawyersclubindia.com/forum/Divorce-property-151716.asp
R.K Nanda
(Expert) 13 July 2017
no reply to repeated query.
T. Kalaiselvan, Advocate
(Expert) 18 July 2017
If you plan to divorce her then it can be under a mutually agreed consent divorce, wherein you may draft a memorandum of understanding in which the fate of this jointly held property may also be discussed.
You are entitled to 50% hare in the property as a right, whereas you dont have any right to take away her rights in the property without her consent even if you are willing to pay her by money in lieu of her share in the property.
You may mutually agreed to the take over of the property by either of you and the other being suitably compensated.
Maddy
(Querist) 18 July 2017
Thank You.
We have a boy child 5yrs of age in her custody. havent paid expenses since we are not together 10 lacs paid by chq but no written commu on the purpose of the cash. received as help from father in law. she is hsc pass not working as family is in good condition. son attending icsc school fees 3k per month no contact since 3 years sir. the fore-said property is gone for re-development since one year w bought it. developer is paying rent since then received by me. cannot sell flat to distribute cash as it may take more 5 yrs or so for the building to stand. she is asking for the full property as it was her money but i feel it was my idea of investing in that particular building as i had in-sights being born n brought up there
