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Rahul T (Engineer)     12 June 2011

Buying Property During Disputed Married Life

Dear Friends,

                     I am a married man & having dispute with my wife, since she left home without any valid reason. Me & my parents tried several times to solve the issue mutually, unfortunately my wife & her family was not ready to talk about the issue. Well that’s fine. Let them be on their own way, I don’t care about it.

Now, I want to buy a house by getting loan from any bank. To do so I need to register that house in my name. That I don’t want. Because I scare; in later day’s if my wife may make a claim on my newly purchased property.

Therefore I want to register that property in my Mother & My Name (+ ). I have enquired with bank; they said it is possible to get a loan in the same way.

 Now my questing is?

1>Can my wife make a claim on that property which has been bought jointly with my mother (+ ).

  2> if YES! Then what’s the way, to buy a property though bank loan, where my wife can not make any claim on that. Please suggest….

 Thanks

Rahul



Learning

 6 Replies


(Guest)

My advise is to buy a property in your mother's name.

Rahul T (Engineer)     12 June 2011

Sir,

    If I buy Property on my Mother’s name, then I will not get loan from Any Bank. To get a loan, property Must be registered in my name either in joint  form or individual form.

How can I buy a properly on my mother's name by taking loan???...

Thanks

Rahul

rajiv_lodha (zz)     12 June 2011

If u buy joint property with ur mother, ur spouse wil definitely get claim from ur part.

Though I donot know the deapths of loan procedures, one way out is -- u take personal loan & buy the property in mother's name with that ammount

Self service (None)     13 June 2011

No law stops you from buying and do not entertain any claim from wife if you pay all money from your earnings.

Even if you buy with some one names only person who paid money is real owner. various judgements are available other wise considered as benami property.

Your wife can not claim any property if she is not contributor. She can only ask for maintenance or alumny and in case if you do not pay then court can consider your other assets.

**Victim** (job)     14 June 2011

@ Rahul......very good thinking here.....there should be different way to buy it......in this case try to seek some advice from real estate lawyer

SACHIN AGARWAL (ADVOCATE)     23 June 2011

Your wife can claim maintenance or alumny as per your status and not otherwise. So you can purchase th proeprty in your name.


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