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One time settlement and property details?

(Querist) 14 June 2012 This query is : Resolved 
Sir, I'm from GSB Community married for 7 years 5 months. My family contains my aged mother (65 yrs high BP Patient) my elder brother and his family wife and 2 children (A small joint family). My wife actually wants to split my house with a seperate accomodation with her only intention of bring her father and mother to live along with her which I was not willing to. Now after so many conflicts her father and her uncles wife forcibly took her away against our wishes and filed a false dowry harrasement case against my mother, brother and myself. After discussions in their lawyers office (for compromise) we have reached for a divorce matter and they have asked for a one time settlement of Rs. 20 lakhs fo which I told that I am able to give upto Rs. 3 lakhs. Now my question is
1. I work with a private concern (Accounting firm writing shop to shop accounts) and earns a monthly salary of Rs. 5100. If monthly maintaince is to be paid how much I have to pay to her and child of 6 years of age.
2. My father a retd bank employee and had purchased a property in Bangalore (Under banks employees association - Banks officers layout) from his monthy salary deducted directly from his salary towards payment of the cost of the site. But before registeration of the said site my father expired and the land was registered in my mothers name producing all valid documents like legal heir certificate, death certificate eyc and paying the yearly property tax in my mothers name. Now whether there is share for her to claim.
Kindly reply as this matter is urgent and is under talks between the 2 parties (boys side and girls side) with their respective lawyers.
ajay sethi (Expert) 14 June 2012
dont make lumpsum payment . agree to pay only monthly maintenance . 2,000 a month .

claim of rs 20 lakhs is exhorbitant .

since your father died intestate you have share in flat along with your mother and elder brother .

she has right to stay in shared household
Adv.R.P.Chugh (Expert) 14 June 2012
1. She only has a right to residence in that house that too during marriage.

2. No other proprietary rights.

3. Don't pay a lump sum of More than 3 lacs - that too only on finalization of second motion McD thorugh a Bank Draft.

Shonee Kapoor (Expert) 16 June 2012
I agree with Ld. Bharat.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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