Legal Question in Family Law in India

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.

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.


Asked on 5/25/12, 7:39 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

right now, even you are not the absolute owner of the property and once the installments are paid and loan tenure is over and the hypothecation is removed, only then your wife can stake claim to the property. as you took the loan and property stands in your name that is hypothected to the bank, the relinquishment deed may not work as you do not hold the undisputed title to the property.

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Answered on 5/25/12, 10:12 pm
ranganathan raghavachari R.Ranganathan & Associates

You don't have to worry about this property now since you are not the absolute owner. Your wife will not ask for this property since there is a liability attached to it. If you don't want this property you can stop the EMI and the bank will take the property and sell it. So don't worry about this and at the time of divorce from court you make a mention of this property and get in writing from your wife that she is not interested in this encumbered property.

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Answered on 5/27/12, 10:34 pm


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