Husband can file declaratory suit that he is absolute owner of 2 flats as full consideration was paid by him
2) enclose copy of bank statements that prove payment made by him
Entitlement of wife in husband's self earned property
(scene1) wife not willing to stay with her husband, for no specific reason, without legal divorce. (scene 2) in case divorce is asked by her and finalized on mutual consent. no blame game. it is clarified that 2 houses are there in joint ownership whereas total contribution done by husband. wife had no source of income. she was made joint owner in happier days without any contribution in purchasing houses. please reply with clarity citing past cases of similar nature. our 2 daughters are married and settled well. not interested in this dispute
Asked 4 years ago in Property Law
Religion: Hindu
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4 Answers
The wife is entitled to an equal share in both the properties to which she is a joint owner even though she has not contributed towards the purchase of the property.
The dispute can be sorted out only by a compromise talks, because if approached to a court of law with a civil dispute, it may take years to get disposed and that too there is no guarantee to the husband to win the case as per his desire.
So you can continue to enjoy both the joint houses only concern is here you shouldn't sell the houses. One you can stay and another she or your can give on rent. Unless and until she demand for any one house. If your both daughters are married then you can ask your wife prove demand on life living with you.
- As per law, wife cannot claim maintenance , if she is living separately without any valid reason.
- Since, she is joint owner , then she can claim half share in the property at the time of divorce.
- Further, if she has not contributed for purchasing the said property , then you can be declared single owner after filing suit for declaration after submitting valid proof of fund .
