Wife's demand to purchase flat
souren ghosh
(Querist) 23 May 2013
This query is : Resolved
Suddenly my wife departed to her father's house takeing my daughter following some disputes with me on 01/04/2013.Last seven years i am in a rented flat. My wife several times put up the point of purchasing a flat. i could not do that because i am working in sales and now a days the job is very unstable and insecure though i am in managerial position. she never understood my point. Now after she went to her father's place i tried my best to take her back to the matrimonial house. she is asking for a mutual divorce. Through mediation i could come to know that she might come back if i agree to purchase flat. Now my question is that if i purchase a flat in my name and later on could not pay the EMI of the bank at any later stage of time because of financial distress, can i sell the flat to get rid of the financial liability. can my wife create any legal problem for that.
Advocate M.Bhadra
(Expert) 23 May 2013
If you would like to purchase a flat in your name then your wife can not claim during your life time.On the other hand if you default to pay EMI to the bank then Bank can take possession and sell your Flat under provision of SARFESI Act.
Please read an information:-The HINDU on 18.05.2012 Amid the Opposition demand to make divorce more women-friendly, the government on Thursday approved fresh amendments in a Bill pending in the Rajya Sabha, to give the wife a clearly-defined share in the husband's immovable residential property.
A meeting of the Union Cabinet, chaired by Prime Minister Manmohan Singh, took up new amendments to the Marriage Laws (Amendment) Bill introduced in the Rajya Sabha earlier this month.
ajay sethi
(Expert) 23 May 2013
we had advised you not to purchase any flat till your divorce materialises.
R.K Nanda
(Expert) 23 May 2013
no more to add.
Raj Kumar Makkad
(Expert) 23 May 2013
As you have not followed the earlier advice of the experts so there is no use to further advise you because none know whether you shall further go through our advice or not.
