Divorce
Chand Singhania
(Querist) 12 August 2013
This query is : Resolved
If husband and wife has both their names in an agreement of flat which is yet to be completed, but now husband want to file divorce. The wife is denying to remove her name from the agreement. What can be done?
ajay sethi
(Expert) 12 August 2013
have you paid full consideration of flat ? how much have you paid? has wife also contributed?
Rajendra K Goyal
(Expert) 12 August 2013
In a property in joint name one can not remove his / her name arbitrarily. Consent of other is mandatory.
An amicable settlement on the issue is the solution.
Devajyoti Barman
(Expert) 12 August 2013
Now it is tool late.
In any case the new Marriage Bill would take care of the rest.
Nadeem Qureshi
(Expert) 12 August 2013
Dear Querist
The court have right to disposal of property issues under section 27 of Hindu Marriage act.
27. Disposal of property. In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, Which may belong jointly to both the husband and the wife.
V R SHROFF
(Expert) 22 October 2014
in court settlement, issue of flat/ child custody,mtn can be agreed upon.