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Sam (IT)     26 May 2012

Property under threat from my wife family based on new law

I bought a flat in Bangalore jointly with my mother under bank loan (1.5years ago before my marriage). Now I'm married and have a son and my wife is living separately and she is planning to claim my share of the property based on recent women's law amendment (right to 50% share in husband's property even if acquired before marriage). Now I would like to know how to safeguard this property from any possible legal action in future. Its hard earned and I'm still repaying it with my salary and the property is under threat. Even though the property is under hypothecation can the family court interfere in its ownership. I understand I can't transfer my share until the loan is repaid. I would like to have a fool proof system in place so that this property is left untouched in future even if I reconcile with my wife. Its self earned and not inherited.

Can I have a settlement or relinquishment deed in place to give my share to my sister? Also by this move, I no longer will have any rights over this and by this the family court can't interfere with this property.

I don't want to divorce her and want to take care of my kid but at the same time I don't trust her and her family. I may reconcile which is a 50-50% possibility. But at any cost I want to safeguard this property even in future.



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 May 2012

There is no such amendment yet, it is a proposed amendment. The bill is not yet passed by the parliament so as to become a law.

Sam (IT)     26 May 2012

Ok! neverthless, beit law passed or not. Nobody knows what will happen in future.
How to safeguard the property from any possible legal qualms. As long as its in my name, its under threat.

isin (Manager)     29 May 2012

This is important point. The property is still under loan. I think even if you have to give half of your share, you could sell the house and pay her whatever you get and the buy another house again (?)

H.M.Patnaik (Proprietor)     05 June 2012

Taking in to account the limited facts of the case, I would opine as follows:

Since the property under threat stands hypothecated to the bank, until and unless the loan is repaid in full , no sharing is possible without discharging the first charge.

Besides , as indicated earlier, the proposed amendment regarding Womens sharing of husband's property acquired before marriage is yet to passed , so now you have ample time to plan. It is understood that , it will not be possible to liquidate the loan at a time.then in such a case, it may be prudent to approach your financier to allow substitution of borrower for the balance loan repayment reregistration of title deed.


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