sanjeev pawar (service) 01 June 2012

Can wife lay claim on joint property owned by two brothers

Dear members,

I have a joint property, a one bedroom flat, owned by me and my brother, i am the second applicant and my brother is the first applicant, the property is bought on loan from SBI, for which the EMI is currently being paid, my brother is paying the total emi, the loan is still going on and will go on for the nex\t 13 years, i wish to file for divorce from my wife, in this scenario can the wife lay claim on such property, where the co-owner is also my brother and the flat is hypothecated to the bank, i.e. the bank is the technical owner, since the loan is going on. also. if my wife files for a DV act, where in she asks for right to residence, can she lay claim on residence in such property. as this is jointly in my brothers name, this was her matrimonial home after marriage. if the answer to either of the questions is yes, then kindly suggest a way out please

i would indeed appriciate your advice on this matter.

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9 Replies

Ranee....... (NA) 01 June 2012

Yes because you have a right over that property.

shriks........... (healyhcare) 01 June 2012

transfer loan on your brother
take rental house, ask wife to co habitate with you else solve problem mutually

(Guest)

Yes, She has a right to reside with you in such flat, Because you are also registered co-owner of said property.

sanjeev pawar (service) 01 June 2012

@prajapati.........as you suggested that she can have residential rights, but when it comes to division of assets to wife, in case of share to wife, can the court consider this property to divide between me and my wife and my brother and his wife, as we are two brothers and this is one flat, how can this flat be divided among 4 people to give ownership rights to all? pls advice

dhirendra pateria (law officer) 02 June 2012

no not at all

sanjeev pawar (service) 02 June 2012

@dhirendra.............dear sir, i did not understand your reply...you mean. this property cannot be divided? or do you mean she cannot have residential rights in DV act..kindly elaborate, really appreciate your help. thankss

heral (house wife) 02 June 2012

SIR, ANY DIVORECEE LAYD WHO HAD ALREADY DIVORECED FROM FIRST HUSBAND THRU MARUALLY BUT NOT THROUGH COURT BUT ON STAMP PAPER AND REGISTERED IN SUB REGISTRAR OFFICE , CAN SHE GET ANY ALIMONY , MAINTANCE FROM SECOND HUSBAND.PLS ADVISE.

dhirendra pateria (law officer) 02 June 2012

as per the law wife has no right in the property solely of husband then your case is totally different here the joint property is with your brother, further from the details i t is understood that your wife isw not residing in the property as described by you -therefore no chaces of any claim

vetrivelan.s (Consultancy ) 02 June 2012

You & your brother are the only owners of the property. You and your brother can do whatever within your portions as co-owners since the property is a self earned property. Since you are going to file divorce, she can claim her right of compensation but not exactly from this property alone but a part of this property also. You may sale / assign with your portion of the property as you like then you are not holding the said property.

Once you do sale or assign your right of property then exists a situation where in you are also no more owner of that property. After that you May go for divorce and there may not be any claim on property.