(Guest)

Flat ownership in case of divorce

I bought a flat in 2013 and made my wife also a co-owner. I have filed a divorce petition in family court. My wife has robbed the original documents from my custody. The co-op hsg society managing committee is harassing me and not giving me a verified copy of the agreement and share certificate. How do I take action against my wife and managing committee ? Secondly how can I remove my wife from my flat ? She is not leaving and demanding 50%. On what grounds can I remove her from my flat. She has her own flat which she has put on rent.

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12 Replies

Vijay Raj Mahajan (Advocate) 31 May 2018

The joint property has to be divided between both in equal proportion, each will get 50%. Either you sell it and divide the amount between both or you buy it from her the complete flat by paying 50% of the market price of the property to her. And don't think anything less than this will go down in the mind of your wife. This can only get you the property and divorce from your wife, otherwise keep on waiting through out your life for both these privileges. Truth is always bitter, Sai !

(Guest)

Is it possible to get divorced and live together ?

Vijay Raj Mahajan (Advocate) 31 May 2018

Why will your wife live with you after divorce, just because you don't want to give her 50% share in the flat? Why she will not marry another man and enjoy married life again. You are too much money-minded that is very clear from all your post here, I have checked.

(Guest)

If she wants to enjoy married life again, I am not stopping her , she has to choose between money and happiness. I have paid for the flat and maintenance. If she is not money minded she can start a new fresh peaceful life. She has her own house. Why should I sell my flat and give her half and live on rent entire life for no fault of mine ?

(Guest)

is alimony a new extortion / dowry to releive a man to live happily ?

(Guest)

I also have a 14 years old son to take care of

(Guest)

I also have a 14 years old son to take care of

Vijay Raj Mahajan (Advocate) 31 May 2018

All these issues can be settled through Mediation and Conciliatory process and for that you require service of lawyer to manage all this inperson not here through this website, if you think you can achieve it free of cost than sorry that's not possible. No professional lawyer will do anything for you free of cost.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 01 June 2018

If you are not a Muslim, you can live together after divorce also. Was the document registered at the time of your acquisition of the flat along with your wife? If so you can apply to the Registrar's office and get a certified copy. That would be better than a copy from the Society. If you want certified copies from the Managing Committee, at first ask the Managing Committee in writing. If they send a reply of refusal or do not reply at all within reasonable time file a case in the co-operative court.

Aman chawla (DELHI HIGH COURT ADVOCATE) 01 June 2018

was that property purchased on EMI's, If yes then you can file suit for declaration and there you can contest on that most of the EMI's were paid by you only.

The may consider this fact

Thanks,

Regards,

Aman Chawla

(Guest)

My father sold his flat and gave me my share to buy a flat in which I made her the co owner. He sold his flat because my wife would often fight with my mother

(Guest)

My father sold his flat and gave me my share to buy a flat in which I made her the co owner. He sold his flat because my wife would often fight with my mother , the maintenance and property tax is paid by me

Flat ownership in case of divorce

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