Joint property dispute

I want to add some points in this query.

1. What if wife has paid initially some amount for the home loan payment and after that the installments are deducted from husband's account only.

2. In case of divorce how the property will be distributed if husband is not willing to sell it now.

3. Can court ask wife to share the liablity of home loan payment in case of divorce.

Wife can claim husband's property if it is in joint names no matter who pays for the property.  The best option for you is to stop paying instalments and let the Creditor/Bank take the property into possession and sell off and appropriate to the loan account, and give remaining proceeds (if any) to you.

Dear Chandrashekhar,

Suppose Motive of the girl is only to acquire the property of her husband. and she left the house just after property was purchased, then doesn't court considers the motive of the girl.

As long as property is in joint names "no".  If it is purchased in the name of wife alone and if you can prove that it is purchased not to favor her, then there are some judgments giving relief to the petitioner in the guise of avoiding a benami transaction under Benami Transactions Prohibition Act.  That too subject to facts and circumstances of the case.  In your case, it is in joint names and moreover the purchase is not yet complete.  You are paying installments of loan relating to it means that the bank/creditor would have kept the house as mortgage to release the loan as collateral security.  So unless you complete total repayment the purchase is not complete.  So you cannot say that she left the house just after property is purchased.  Whatever be the case, it is not a valid ground at all for any court to consider.

but in case of divorce can court ask wife to pay her share of house cost to husband?

and in case of divorce can court compell the husband to sell the house to complete the settlement?

Dear Pun,

A Valid Question. 

@Chandrashkhar,

Thanks for your responses.

Could you please reply to Pun's Question? and in addition to the above Question, Please tell us how the dispute related to such type of property will be settled. 

A property in the names of husband and wife will not become a joint property by virtue of both of them sharing their money, income etc in equal proportions to purchase the property.  Just having the name of wife as a joint owner of property is sufficient for her to claim the property.  However if divorce is granted before the purchase is complete, during the subsistence of loan then court may also decide otherwise because the purchase is not yet complete. It depends on how the court views it. 

still I am not sure if i have got the answer of my queries.I am copying it here again.

1. in case of divorce can court ask wife to pay her share of house cost to husband?

2. and in case of divorce can court compell the husband to sell the house to complete the              settlement?

Dear sir,

My father is 7 brothers and my grand father and grand mother is no more.  scence1974 my grand father purchases some properties  in kishangarh ajmer and maximum properties registred my tau ji's wife (my father' s younger brother) . we were joint from 1974 to 1999. till today my families have not dividetion reason my tau ji. he don't want given any property to his brothers. my father and all family are in problem. please advise me .

Thanks

Sunil Kumar Garg

Ajmer Road,

Near Bus Stand,

Madanganj-Kishangarh (Ajmer)

9414046666