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Kavitha Menon (Others)     05 September 2012

Request: process for property rights during divorce

Dear Lawyers:

I'm heading for a contested divorce, and I want to remove my husband's name from the flat registration. Me and my father financed for this flat. I'm the main applicant. EMIs run from by bank a/c. My bank statements can prove all of this.

 

I added my husband's name during the registraion only because he was my husband. Now,he'z not willing to leave this flat. His only contribution toward the property is the PARTIAL EMI.

 

My divorce lawyer after having gone through my bank staments said that it'll be easy for me to remove his name from the property, and I can be the sole owner. However, I wonder if it's gonna so easy given the fact that he's not going to co-operate to having the house to myself.

 

Please guide me on this matter.

 

With much thanks.

 

Regards,

Kavita
 



Learning

 2 Replies

yes yen (company secretary)     05 September 2012

the petition for divorce when in court can be for various reasons.  the reason  in most cases is egoistic activities of the partners and in particular blown up from sideways to satisfy ones undeclared aims- normally.

when both parties are "daggers drawn" condition it is difficult to finalise a matter of dispute.

In the case of divorce petition in the process of hearing, till the separation is delcared and accepted both are having the same relationship except the fact that thay are living apart.   in some cases, both are living in the same building'apartment but without conjugal relationship.

the very basis of conciliation is to try to the last to save the matrimonial relationship.   Particularly in  these days of " I am ok and u r not ok "  even after child birth, without caring the life of the child/children the couples fight and reject the fundamental rights of the child which is unable to express its mind.    in the name of child care the child is given the status of orphan-like care( all may pardon for this) which should be questioned and stopped.

so, under these circumstances, one should know that the child has the right to property but without the capacity to express.  

if the conciliation process results in reunion, then the old relationship will come into operation and the property rights will be as before.    So, it should be the right position that any claim on property or the like should be settled only after the divorce petition is disposed of and not appealed.   

Further, the rights of the child / children born to those couples should be ensured and safeguarded in the event of separation of property.    there are cases where benefits under the welfare laws etc are received in the name of child care etc and misused for something else.which should be brought to the notice of the respective officials.

also, if the opponent opposes the separation, there could be reason for that and if intermediate decisions on related matters are taken, then it would be one-sided.

in this case, if the claim of the appealer is right, then the property could be retrieved at any time after the divorce is settled.

wish this case end positively in reunion with the grace of the the lord.

Adv. Chandrasekhar (Advocate)     06 September 2012

both you and your advocate are correct.  his name can be removed as suggested by your advocate.  it is also true as said by you that the process is not so easy.  you file a suit and show your willingness to return the partial amount paid by him along with bank rate of interest for deleting his name in the title of the property.  in this suit, you have also to prove that  most of the amount in acquiring the property waws borne by you.


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