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kalpana (special educator and counselor)     10 July 2017

Mutual consent divorce settlement

I got divorced in 2014 february by mutual consent in chennai court.  I jointly own two properties. Court ordered in the decree that one property should go to me and one to be kept by my exhusband. .Until today my exhusband has not settled the issues. I have given the property due to me for rent for the past one year and also paying all the taxes and maintenances. 

how can this happen amicably? he is now asking that i have to pay the expenses involved in settling these properties reason stated is he paid the registration fees at the time of registration for both the houses.

he is also asking for share of rent  is he entitiled?

 court in its decree did not clearly state all this  as to the time duration of settlement

who will pay the expenses etc 

 please guide me 

i am not having the finance for this. 



Learning

 10 Replies

Arjun Kohli   10 July 2017

Since you have dealt with only one such property and put it on rent, leaving the other as it is, it clearly conveys in context of the Court's decree that you have chose to retain this property and set off the other for your husband. It can be, therefore, laid down in case of any dispute later on. 

What you could try for, is putting the other property in your husband's name to make it a legal point that you have followed the decree and then you wouldn't be liable to pay for the Maintenance and Taxes for the other property itself, in my opinion.

Also, have you been paying the Maintenance and Taxes for both the properties all this while? 

 

Kumar Doab (FIN)     10 July 2017

If it is clearly stated which property goes to whom then you can retain said one property.

Or settle with husband and retain one with you and other with husband.

Share the expenses equally.

Let NO ego/heartburn/rigidness dump the matter again in courts of law.

 

Or you may have to aproach courts again.

 

kalpana (special educator and counselor)     11 July 2017

Thank you so much., I will do as suggested  by sharing expenses equally. Provided he agrees. 

What about the rent receives should I share that too ? 

 

kalpana (special educator and counselor)     11 July 2017

Thank you fro the advise. I have not paid the maintenance for both , only for pne property.


(Guest)

ben ki lendi

at least now u guys nid to undstand. there should be some understsding.

u give him rent. or he file case again. fight never end.

Rajendra K Goyal (Advocate)     13 July 2017

If he is not cooperating for amicable settlement, may proceed for execution of the orders.

You can inform him through registered letter that you have taken one property as per court orders and he can proceed to have another property in which you would not interfere.

 

Kumar Doab (FIN)     13 July 2017

Ignore the member that has deleted the account.

The reason is obvious; To run away after littering nuisance and abuse.  

Kumar Doab (FIN)     13 July 2017

It is good that if you have agreed to share.

He may agree on offer with reasonableness. 

Arjun Kohli   15 July 2017

Originally posted by : kalpana
Thank you fro the advise. I have not paid the maintenance for both , only for pne property.

 

Since you have only paid the Maintenance for one property, it is quite clear by reasonable understanding that you've taken the de-facto ownership of that property and the other one is supposed to be transferred in your husband's name, should it be needed to prove in court that you lived up on your end of the order. However, as rightfully suggested, it is better to be expressly clear between yourselves than to resume court proceedings as the same can consume useful resources of yours.

 

Kumar Doab (FIN)     15 July 2017

Attempt to resolve amicably. 


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