1) Its depends upon situation and what your wife ask or demand in the court if she goes for divorce, as long as she will not entitled for property which you have purchased and its on your alone name. Till you are alive she can't claim, she will get alimony if she is not working women.

2) 2 years son will be in the wife's custody till the age of 5 years.

No, there is no straight jacket formula that one is getting 50% so other would also get it.

It depends upon the living standard of the wife and the amount of alimony if any by court, and you can’t pay that cash then there would be a question of property partition otherwise not really.

The wife will be entitled to the share of investment if she proves the investment in the property.

In case of divorce and alimony she may claim the property for her residence as the son will be with her but this will be decided by the court.

No, no one can direct you to pay if you are insufficient to pay it.

Bank will sell it and recover the money if any rest amount left will be given to you back.

Note that the wife as a matter of right will not have any claim on the property, though she may claim the share that has been given by her in purchasing the property

Yes till the marriage is in subsistence the court can direct her to live in the house.

In case you default in re payment of loan the bank will sell it by due procedure of law and that can not be stopped by the order of the court.

Regards

i have small doubt ,i am planning to buy apartment which will be in my name (no joint).in the event of any divorce happens ,if my wife claims on the property ,would she able to get any share ?

Also there would be upto 10 % investment from my wife.

If the property is registered only on your name even though she contributed toward the purchase, this property shall belong to you alone and you will be the absolute owner of the property.

She cannot legally claim any share in it as a right at least during your lifetime.

Currently there is some understanding issue with my wife ,will it be right to invest in the property since i liked the property very much ? the only thing that is bothering me can my wife claim on the property and get away with 50 % share on property or court grant my wife to live in the flat forever/some time?

If you intend to buy any property and also anticipate problem from your wife side anytime in future, it would be better you buy the property registered on your name alone.

Dont mention her name even in the loan application as co-borrower. If the property is registered on your name, you are the absolute owner of the property in which neither your wife nor your child or anyone can claim any share in it as a right.

Since i will have home loan and property will be mortgaged to the bank ,in that case also by any chance court can give residence right to my wife ? what if i have stop paying EMI then bank should/will dispose the property by its own and evict my wife and kid ?

can court stop selling the property if bank try to sell it (in case of default payment of EMI ) and direct me to pay EMI ?

She as a legally wedded wife shall be entitled to residential rights in the house property. Residential rights is different to that of claiming any share in the property.

The court will not entertain her claim for a share in the property if the propriety is registered on your name alone.

Since the property is in your name, if you dont repay the loan amount then the bank may seize the property under sarfesi act following the legal procedures

You will be at loss for that.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties. Maintenance is not merely a legal right. It is part and parcel of basic human right.

It must be noted that neither the husband nor the wife can make claims on the property (residential or otherwise) of the other during divorce. So, some intelligent men make sure to get residential property registered only in their name, when they apply it through a bank loan. But, most other foolish men (being is guided by the builders) register the property in joint names, while its the man who pays fully for the bank EMIs. In case of marital conflict and divorce, the condition of such men becomes extremely miserable as they are already under a debt of rupees 20 lacs to 30 lacs and the wives make a claim on it apart from the maintenance they may get in the court. I know, some other men asking their working wives to pay for half of the property and loan so that the property can be registered in both names. These wives sometimes start complaining that he is asking dowry as they feel it’s only a man’s duty to provide for the family and the common expenses.

Since i will have home loan and property will be mortgaged to the bank ,in that case also by any chance court can give residence right to my wife ?

It is your duty to provide accommodation to your wife and children.

If you are not paying EMI and become defaulter of loan then bank will file a case and sell the property for realizing the default amount .

1) It depends upin courts weather to give or not to give share in the flat.

2)If you stop paying EMI and Bank can sell property because Bank's concern is with money and not with your family matters.

She will get residence right and you may be restrain to enter in that house as per court direction if passed in domestic violence case.

So if you ha e some doubt then forget the Property and think about another investment.

Feel free to call

1. if there is sole name in the title deed of the property then irrespective of financial contributions from any other persons the name appearing on the title deed will alone be considered as its lawful owner.

2.The wife has no share in the proeprty of husband. However she has right of residence therein.

3.Since you are contributing 90% of the consideration money it is not advisable to keep open a gate for controversy by taking help of mere 10%.

4. Yes, even if you give 100% contributions your wife cna seek residence order if she files a case under PWDV Act.

Legally, she is only entitled to claim this property to the extent she contributed towards the purchase of the same.

Other than this, there's no provision under law where he can claim the entire apartment and seek the same from you as alimony.

1. Under the present law in India a wife has no share in the property of her husband irrespective of whether it was purchased before or after marriage. The bill to give her a share in husband's property is gathering dust in the Parliament for the past 5 years.

2. The only proprietary right of a wife is the right to reside in the property of her husband during the subsistence of marriage.

1) wife has no share in property standing in husband name

2)wife has only right to stay in her matrimonial home

3)she can seek injunction restraining you from selling the property

even if you have home loan and property is mortgaged to bank wife can claim right to stay in said house

2)bank can auction the property if you stop paying EMI

3) court can direct you to pay EMI of housing loan

1. Yes she can.

3. It is your duty to provide her accommodation, in your place or in a rented place that does not matter much.

4. Bank can auction the property even if the divorce proceedings are going on.

Yes go ahead with the property.

Regards

Don’t purchase the property since your relationship with wife is strained

2) wife can claim right to stay in her matrimonial Home ie wherein she resided with you

3) if stay order is granted by court you cannot sell the property till stay continues

4) bank is not concerned with your divorce proceedings but with recovery of its dues hence bank can auction your house for non payment of EMI

5) court can direct you to pay EMI

1. Your understanding is right.

3. She cannot seek injunction even otherwise, provided you are ready to provide her accommodation till marriage is dissolved. You can sell the property under the above situation..

4. The court will not direct the bank to stop the auction process for any reason, the bank will proceed as per rules.

You can retain your property.

1. UNless and until the decree of divorce is passed the wife has the right to reside in her matrimonial home or any alternate accommodation at her husband's expense. This is a right which she can enforce by filing a DV case.

2. If the property is sold by her husband then her right to residence may be defeated, so under DV Act she can seek injunction to restrain the husband from selling the property.

3. Pendency of divorce proceedings does not preclude the bank from auctioning the property.

4. Go ahead and purchase the property.

Dear Sir,

You are proposing to purchasing another litigation and not the property. As said by Mr.Ajay Sethi Sir.Better invest same amount in some other project and postpone the purchase.

There is no such law yet enacted for 50 percent share in property to wives. But under domestic voilence Act she can have residence rights in your house