Property can be sold or detain as wife filed 498a and 125 to extort money

Sundram N (Querist) 07 December 2012 This query is : Resolved

Dear Sir,

wife filed case 498a and in filing of 125 for maitenance to extort money.

i want to know that house proprty purchased by husbnad on loan from bank and EMI of home is paying by husband per month.
husband does want to stay with such wife who has filed false case implicating all the relative even old age parent.

kindly suggest what to do of the property.

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ajay sethi (Expert) 07 December 2012
you can sell property standing in your name if you so desire

Guest (Expert) 07 December 2012
First of all you cannot sell the property, which is already mortgaged on account of loan without release from the bank on payment of loan dues.

Secondly, if you have purchased the property after marriage and sell that after release by bank, wife can claim her due share as permissible by law. However, cruelty case under 498A or maintenance case u/s 125 has no relation with your own property. Your current income would be the criteria for payment of maintenance charges.

ajay sethi (Expert) 07 December 2012
Mr Dhingra is right you would need NOc from bank . as you have take loan from bank . if you repay loan you cans ell the property

Nadeem Qureshi (Expert) 07 December 2012
agree with experts

prabhakar singh (Expert) 07 December 2012
Even though a property might have a mortgage on it, the owner can still transfer that property to a new owner.

The right to redeem the property mortgaged is ever subsisting right of the mortgagor which can be exercised any time before a decree of fore closer .

A mortgage in favor of bank is generally without possession with a right to enter in to
possession on default ;then unless the mortgage deed specifically contains a clause of bar of sale,the mortgagor can sale even without permission of mortgagee bank but the buyer shall stand substituted in place of his vendor as mortgagor of mortgagee bank and shall be liable to pay the bank debts as his vendor was.

Raj Kumar Makkad (Expert) 08 December 2012
I do agree with the common advice of the experts.

Sudhir Kumar, Advocate (Expert) 11 December 2012
What do you achieve by selling property and what do you loose by retaining it.

V R SHROFF (Expert) 13 December 2012
10 Queries on matrimonial issues by A STUDENT :

MY DEAR EXPERTS, PL ENSURE SOMEBODY NOT WASTING YOUR TIME.

Raj Kumar Makkad (Expert) 13 December 2012
I am sure that the querist is a student and instead of concentrating of study books is availing the time of experts as they are easily available.

ajay sethi (Expert) 13 December 2012
difficult for us to judge who is just raising repeted queries unless we have answered one of his queries

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