Legal Question in Real Estate Law in India

As per the Registered agreement the flat is in joint name of 2 Brothers. However after few month of the flat registration agreement ,2nd holder of the flat had made docements that "he has given Rs 2 lacs to first holder and as security he has kept his name in flat. once the 1st holder returns Rs 2 lacs, he will do necessery procedure to remove his name from flat." This document is notteried .

now 2nd holder's wife has left his house and living separately.she may apply for divorce & If she demands for the property share from this flat then legally what will be share of 2nd holder ? Will it be 50% of the current market value or Rs. 2 Lacs ?

Please suggest gifting / Selling his share to 1st holder of the flat will help him from giving his share to his wife ?

There are few transactional entries from account of 2nd holder to Builder.

Thanks in advance.


Asked on 6/01/12, 4:07 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

The line of action thought by you appears to be after thought.

It is always advisable to consult your lawyer with all the details correctly and truthfully.

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Answered on 6/03/12, 1:14 am


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