Settlement of property
Rajeev K
(Querist) 13 January 2012
This query is : Resolved
Dear Sirs,
I have been married for the last 14 years and both myself and my wife are professionally qualified.
I am still working but my wife has temporarily given up the job to look help our children in their studies.
My wife had some money saved prior to marriage (about 18 L) to which I added about 6 L and bought a property for about 24L some 9 years back. This is registered in both our names.
Some 5 years back we bought another property in which my contribution was about 40L and she added some 5L. This property too is in both our names.
My query is regarding the treatment of both the above properties in the event of a divorce. My wife wants to claim right over both the above properties and also on all my savings done till date.
Please help answer.
R.Ramachandran
(Expert) 13 January 2012
If the specific share of each party in the property is not mentioned in the Registered Document, then the property will have to be shared equally. This is irrespective of the contribution made by each party, and irrespective of the proof of such contribution that one may produce.
ajay sethi
(Expert) 13 January 2012
in the first property purchased by you together wife had contributed 18 lakhs whereas you had paid only 6 lakgs . yet your wife had agrreed that property should be in joint names .
if in respect of second property you have made lion share of contribution and you agreed that to have property in joint names she is equal owner of said property .
amicable divorce by mutual consent is best .
Shonee Kapoor
(Expert) 13 January 2012
It is best to go for MCD by settling the issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 13 January 2012
Better way to save your property is to live together and not to divorce.
In case of divorce, the property will be devided equally.
Rajeev Kumar
(Expert) 13 January 2012
Better to settle the dispute amicably and go for mutual consent divorce
Raj Kumar Makkad
(Expert) 13 January 2012
Why to remember bitter time while you are enjoying everything happily in your married life.
It is not good to go in depth at this pleasant time so you enjoy your life without any fear. You both shall remain joint for 7 more lives.
Advocate. Arunagiri
(Expert) 13 January 2012
If the property is registered in the joint name, it clearly established that both of them are having equal share.
M/s. Y-not legal services
(Expert) 14 January 2012
yes., in sale deed you did not be mentioned your shares., so both of you having equal share in both properties..
-tom-
Rajeev K
(Querist) 14 January 2012
Dear Experts,
Your feedback is much appreciated.
At the risk of repetition I would like to confirm again the status on the 1st property where my wife claims that her share of the money which she invested is from her savings prior to marriage....hence her contention that I have no claim on it...even though I also invested a portion and it is registered in both names.
Mr. Raj - Your comments were interesting...somehow 1 life gets difficult. Thinking about 7 lives gets a cardiac arrest. :-)
