anoop (legal) 18 February 2012

Property co owned by husband,wife and mother in law

I am based out of Delhi, me, my mother and wife are the co-owners of a small commercial property.

% of share is not in papers.

The property was in the name of myself and my mother, Wife's was not co-owner in the property initially due to lack of funds she contributed 15% of the amount and forced to make her the co-owner in the property.

After some time when i got the funds she insists that i should pay back the amount she invested and told her to remove the name from the property. when i returned her the amount she refused to delete from name from the property. Now because of several other issues divource is the only way left.

Pls guide can we get the property back from her if not then while deciding the alimony or divorce settlement will the court also take view that she had enough money with her?

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4 Replies

sridhar pasumarthy (ADVOCATE) 18 February 2012

Anoop,

No, you cannot get her share of property even if you are able to prove the return of money to your wife.

Court will consider it at the time of ascertaining the quantum of maintenance.

anoop (legal) 18 February 2012

Thanks sridhar,

I don't have any immovable or moveable assets, my parents have disowned from their property.

my wife is living at the first floor of my parent's house and torturing her and refused to leave the house. I am living on rent nearby to my office,

How much alimony or mainteance i have to give to my wife? we have 5 years old daughter from the marriage?

Shantilal Pandya ( Advocate) 19 February 2012

Mutation of names or otherwise in the proery register would not decide the title of the property in your case the title would be that of contributors of the funds in that way you continue to hold the property as before to the exclusion of your wifes coownership , of course subject to proper adjudication on facts ,

In case of maintenance proceeding the amount of alimony is fixed by the court having regard to the means and income of the applicant and opponent both and also other legal obligations of maintenance etc of the opponent , life style and status of the parties , economic needs for both the parties etc.