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Family Guy (b)     18 January 2011

Jointly owned property

There is an apartment which has got jointly registered in the name of husband and wife.

 

Housing loan has also been obtained in joint name.

 

However, all the payments have been done by the husband while the wife's name is there just for namesake.

 

They have got separated and the wife has filed for maintenance under Cr PC 125.

 

Throughout the period from obtaining the loan until the separation, the wife was not employed regularly so there is no question of her having contributed anything.

 

How can this be proven in the court of law to help husband protect his property?

 



Learning

 1 Replies

Darshan Panchal (Advocate)     18 January 2011

As per the provisions of Transfer of Property Act, if nothing is satisfied in sale deed, both husband and wife will be deemed to have 50%share in the property. I mean equal share in the property. However, u can show it to the court that loan was repaid from your accounts only and that there was no contribution from your wife at all and only for convenience and tax purpose she joined in the conveyance by filing affidavit.


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