Legal Question in Family Law in India

This query is for my brother-in-law who lives in india.

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A house was purchased by him.

but his wife is co-owner, registry on both names.

whole amount of loan is being paid by my brother-in-law,

can his wife claim her share in that flat legally?

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as they are living seperately for last 3-4 years. they also have a baby girl out of their wedlock and child is living with her mother since birth.

what do law say-if legal divorce will take place, is there any rule by which my brother-in-law can save his house or he has to give his wife, her share for sure?

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Asked on 10/06/11, 9:48 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

despite the fact that the wife does not have a share in the husband s self owned property or ancestral property but in this present situation, the house is co owned by wife. it would be difficult for the brother in law to disown the wife completely. moreover, he is also bound to provide maintenance to the wife and his daughter.

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Answered on 10/06/11, 10:35 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with Mr Gupta. The husband will have to give her share to his wife.

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Answered on 10/06/11, 11:18 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

i too agree

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Answered on 10/07/11, 4:18 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 10/08/11, 5:47 am


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