nramnat (none) 20 April 2015

Spouse rights to property - divorce

The property in question is registered in the name of Husband and his Father.

Total cost of Property at about 20 Lacs: His Father paid 15 Lacs.

Husband took a home loan of rest5 Lacs and made installment payment for 2 years (total of 2 lacs payment in 2 years - mostly interest).

Towards end of second year, Parent pays off the rest of the loan, amounting to 7 Lacs or more.

Now, husband and wife plan to Divorce.

Can wife claim rights to property, because her husband made loan payments of 2 Lacs.

What percentage can be claimed ?

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3 Replies

Adv. Chandrasekhar (Advocate) 20 April 2015

She cannot claim any share in the property. But, while it will be left to the court's choice for quantifying the permanent alimony instead of deciding between themselves, the court will take that the husband's share is only1/4th of the property while determining the permanent alimony.

Adv k . mahesh (advocate) 20 April 2015

husband share in the property is not even 1/4th and only he paid 2 lakhs and his father paid totally 22 lakhs so husband does not have any right in the property and her wife cannot claim any share in the property

as per above saying if he has share 1/4th means 24 lakhs means 6 lakhs in this court has to decide how much she will get( (but in return husband has paid only 2 lakhs )