i am fighting a divorce case against my wife. i have purchased a property before marriage.c that property be claimed by my so called wife during the case.
please reply
Advocate Rohit (Advocate) 30 December 2012
ur wife cannot clim any share in your property. she is entitled for claiming alimony. also she can claim all the jewellery belongs to her as Stridhan.
You bring out the facts alongwith documents to the court that the ownership in the property is solely in your name and purchased before marriage.
Regards,
Advocate Rohit Dalmia
9324538481
Mumbai
@Queriest,
Your wife cannot claim that property directly. In form of maintenance she can claim an amount on the basis of real worth of the all the property you hold(including your ancestoral property)minus stridhan.
Remember,'Stridhan' is her exclusive property and you have no claim over that and does not count in your property at all.
Thanks,
Regards
help me (officer) 30 December 2012
thank u mr rohit.
please also apprise if i purchase a flat now .....on loan....after filling divorce petition,can that property be claimed by her.
help me (officer) 30 December 2012
sumitra..thank u..but i have nothing with me which can be claimed as stridhan......all the jewelleries are with them only...
Rahul Kapoor (Legal Enthusiast) 30 December 2012
hello,
if property is your name then you should transfer the title to some one else in your family.
while deciding the quantum of maintenance your property will be considered.
regards-
rahul.gogreen@gmail.com
hunnybunny (na) 30 December 2012
While calculating maintainance during divorce, does court consider
1) that the property is on home loan and outsatnding principal remaining on that loan OR any other liability
2) Cash available in your saving accounts/ FDs ? does it mean increased maintainance ?
Chetan Joshi (Advisory/Advocacy) 31 December 2012
No she has no direct claim on the property...The property needs to be generating some income to be taken as a part of maintenence.....
In short..Don't worry ( About property and not Divorce )
Regards
Chetan(dot)7679(at)gmail(dot)com