Claim of property by wife in divorce case
CS Raghav
(Querist) 25 March 2012
This query is : Resolved
During the pendencey of divorce case under crulity, could my wife claim share in
(1) booking amount Rs 13 lakh (rest 17 to be paid) for a plot, booked before filing of divorce case
(2) Flat purchased in 2011 by taking loan Rs 20 Lakh (total cost 25 L)
Rest of the details are as under:
1. We both are govt employee in same office
2.court denied maintenance to her and ordered Rs 5000 to one of the minor sons
3. case filed my me on crulty basis
4. living seperately since case filed , March 2007
5.in 1995 I purchased a house in joint name (her contribution was nil)and sold it in 2006, jointly. I used the money in booking of said plot adding some mony to it. Now she claims that since the plot was booked out of sale many of earlier flate,, she has share in it. I said that she took her share in earlier sale of flat and this plot I singularly purchased. If she can claim , could I sell this booking and escape the responsibility of giving share to her?. or could she get imposed restrictions on its sale through court?
what about share in flat loaned by be after filing divorce case? (case filed by me in 2007, live seperately since then, paying m)
adv. rajeev ( rajoo )
(Expert) 25 March 2012
If she wants to claim she will have to file recovery suit, burden lies on you that she had not contributed to purchase the property. Burden also lies on her to prove her contribution.
ajay sethi
(Expert) 25 March 2012
the house was purchased in joint names in 1996 and sold in 2006 and you have purchased another plot and made part payment of rs 13 lakhs out of said sale proceeds .
if you try to sell the plot she will move the court and obtain injunctoion against it .
since you ahve 2 minor sons why dont you inform her that the said plot has been purchased for your kids security and that you have no objection in making a gift to your sons of said plot .
she will happily agree to said proposition and your problems will be resolved
Raj Kumar Makkad
(Expert) 25 March 2012
1. No.
2. ok
3. ok
4. ok
5. She has no right over the aforesaid plot as the owner is the person who has purchased the property irrespective of the money actually incurred by some other person. None can stop you enjoying the property freely.
