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Sashi (CSS)     07 November 2012

Will my wife gets rights on the home

My marriage is only 1 and haf year old.,my wife left me 8 months back.
I have applied for Home loan as a co-applicant before my marriege.

If they filed a maitenance case, that will be considered as liability.
But will my wife gets any rights on that property.
The proerty is solely on my mother name. My mother is a primary applicant for Home loan and I am the secondary applicant for repay the loan on my job.
The place is registered with my mother name, and loan is taken for construction of home.

will my wife gets rights on the home or place ?



Learning

 4 Replies

Chetan Joshi (Advisory/Advocacy)     07 November 2012

Maintenance has nothing to do with the property and is dependant on YOUR income...

 

Regards

 

Chetan(dot)7679(at)gmail.com

stanley (Freedom)     07 November 2012

In maintanence yes the EMI's would be considered as a liability .

 

Liabilities (deductions from net take home not CTC) which are considered by Civil / Criminal Courts under maintenance laws are as follows;

- Dependent unmarried sister(s).

- Dependent brother(s)

- Dependent parent(s)

- Food and lodging (self)

- Loan if any.

- Statutory PF / EPF deductions if any.

- Insurance premiums (self) if any.

- Mediclaim premiums (self) if any.
- Mediclaim and medical treatment for dependent parent(s)
- Mediclaim and medical treatment for dependent sister(s) and/or brother(s)
- Maids salary for household work if any.

- EMI’s on properties / car (self) if any.

- Higher Education / Tuition Fees (self) if any.

- Rent payment of accommodation (self) if any.
- Rent payment of accommodation for dependent parent(s) if any.

- Maintenance charges payments on rented premises such as elevator maintenance, security, gardener, club memberships, generator maintenance, and electricity and water bills which are part of many a RWA’s now-a-days are all statutory deductions.

And as the property is registered on your mother's name  your wife would have no rights over the property . Only problem  in case a DV case is filed than she can seek Right to residence for which your mom has to disown you and kick you out of the house .

Sashi (CSS)     07 November 2012

"Only problem  in case a DV case is filed than she can seek Right to residence for which your mom has to disown you and kick you out of the house ."

I do job in Hyderabad, The home loan is taken in villegae for the house in  village  Can you please tell me if any problems If I disclose my home loan, She doenot know about this loan. If they filed maintenance case, I need to disclose this as liability on me.

Can you plz advice what to do

Rahul Kapoor (Legal Enthusiast)     07 November 2012

hello,

yes your loan will be counted as liability.

your wife can get residence order from court if DV case has been filed.

regards-

rahul.gogreen@gmail.com


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