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Rajesh (SE)     02 May 2013

How court will decide a flat value during divorce decision

HI,

if husband purchase a flat after marriage some what around 15 lac value.and all are bank loan

still 14 lac have to pay to bank.now assume flat value is 25 lac as per market.

now how court will decide the 50% share to wife. and what about pending bank loan is court will consider



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 11 Replies

fighting back (exec)     02 May 2013

has the wife also contributed towards the emi and downpayment of the flat?


(Guest)

25-14=11


11/2=5.5.


She get 5.5 you left with 5.5.

Rajesh (SE)     02 May 2013

NO there is no contribution in EMI and DownPayment from Wife

fighting back (exec)     02 May 2013

@helping hand/.

 

Sir, i have a confusion over this question, as of now, the law about division of property is event of divorce has not yet been passed, also in the queriest's scenario. the emi is not being paid by the wife and also there is no contribution towards the downpayment, also the wife is not a  co-borrower on the loan. in such a scenario why will the property be divided?

as per my knowledge The woman can only have residential rights in the same property and not ownership rights, just because the property is bought after marriage. .

request your kind view in this regards. thanks 


(Guest)
Originally posted by : no pain no gain....

@helping hand/.

 

Sir, i have a confusion over this question, as of now, the law about division of property is event of divorce has not yet been passed, also in the queriest's scenario. the emi is not being paid by the wife and also there is no contribution towards the downpayment, also the wife is not a  co-borrower on the loan. in such a scenario why will the property be divided?[paisa lo jaan choro]

as per my knowledge The woman can only have residential rights in the same property and not ownership rights, just because the property is bought after marriage. .

request your kind view in this regards. thanks 

 

Here querist already told that wife did not pay any money toward payment of loan or EMI etc.


Querist wants to part with half of the assest to get rid of the pain in the a s s ie troublesome wife.


Woman can have residential rights etc when husband is not wanting to or not able to part with lumpsum money as full and final settlement or is not able to pay her money for rent accomodation etc then she can definitely ask for residential rights in such property.

Adv k . mahesh (advocate)     02 May 2013

 

the property owned by husband is before marriage or after marriage even it is taken on loan you are born to give 50 % share to you beloved wife after divorce this amendment was passed on 2010


“The Marriage Law’s (Amendment) Bill 2010” was passed in Rajya Sabha which has made some major changes in the women rights on how the properties would be divided after divorce.

The bill talks about only the division of Husband Properties, but not wife’s properties. So in-case women is at fault, still she will get 50% share in husband property, but her share of property will not be divided.

A major disappointment for men in this bill is that, even the “person at fault” can apply for getting the share of property, and the other party will have to respond to it. Generally as per old law’s when mutual consent was not there, the victim applies for the property share and the person who is the “bad person” has to respond to it. Now with his law change, wife can seek a divorce and ask for share in property.

If wife and husband are living apart from many years, a wife can oppose the divorce on the grounds of financial hardship, but men can not! . This is called Irretrievable breakdown of marriage

There are concern’s raised like this law will encourage more divorce’s are women can get hold of property easily for sure.


In case of divorce, Woman will have 50% share in the residential property of a man

 The wife will have to take the initiative of seeking her share in such cases.

 Women and children will also have rights in the other assets of man, which will be decided by court

 It does not matter if the property was acquired by before or after the marriage

Rajesh (SE)     02 May 2013

hi

how court will divide the property on purchsed value Or Current value.

means i f i purchased flat 2 yrs back 20 lac and it is on paper all price.

but as per market senirio is becomes double 40 lac then court will divide 20 lac aur 40 lac


(Guest)

^ ^ ^


That nails it.

Adv k . mahesh (advocate)     02 May 2013

court will give 50 % as on the date of order 

Rajesh (SE)     02 May 2013

you means to court divide the current value 40 lac not purchased value 20 lac

Ranee....... (NA)     02 May 2013

But this is not a law yet where wife gets share in husband's property.She can only ask for residential right.


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