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Vikash (Project Manager)     24 February 2012

Joint property with brother- can wife claim

I have joint property with my brother. Have taken Loan against property and paying EMIs. Can my wife claim her share during divorce procedure. For maintainence EMI would be considered as it is going from my salary and total take home salary would be after EMI and PF deduction? Please advice.



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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 February 2012

If it is your self acquired property she cannot claim, but if it is earned from the income of the ancestral property then she can claim her share thru., son/daugher ,if any

Sanjeev (Lawyer)     24 February 2012

wife dont have any rights on the husbands property but she can claim a shared household in the property. 

Maintenance depends on the judge they do consider the genuine expenses but still grant a reasonable amount.

Shantilal Pandya ( Advocate)     24 February 2012

 property  held by you is subject to  maintenance for your  wife  she  can  claim  from it  how ever  court can pass suitable  maintenance  subject to your  earning,  essets  and  debts  besides your other  legal  liabilities 


Dr J C Vashista (Advocate)     25 February 2012

Maintenance of wife is awarded when she do not have any independent source of income, depends upon number of factors such as your standard of living, income from all sources, liabilities etc.

However, your share with your brother shall also be considered but not EMI and/or PF deductons

Vikash (Project Manager)     25 February 2012

For this joint property approx 1/3rd contribution was from parents and rest we two brothers managed. I am into divorce procedure. It has been 2 years of marriage without child and wife is Post Graduate and working before marriage and easily can get a good job. Please let me know that can she still claim over this joint property and is it true that she will be entitled for 1/3rd of my take home salary for maintainence. Need urget advice..


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