MyNation Foundation Forum » Judgments » Request for Judgment

Request for Advice

(4 posts)
  • Started 4 years ago by human2011
  • Latest reply from Dr.Dsouza
  1. human2011
    Member

    Four years competed for my marriage. For the first three years we were living together in a joint family. But due to misunderstandings and daily disputes I started to live separately with my wife in a rented flat. Previous flat is on the name of my father and me. As he also contributed 50% of cost of the flat he is co-applicant in this process. When things were not going right in between my family members and my wife, I decided to stay separately instead of telling them to search for another house. Till today I am regularly paying the EMI for previous house. My father is staying there with my mother, my brother and his wife.

    One mistake I had made that before coming out from that house I promised to my wife that after 4-5 months we will come back to this house and there will be no one over there to live with us. Whatever may be the case after 4-5 months we will be in that home and no other person will be there? That was what she wants from me at that time. This is her wish and at that time I was not having any option other than accept it. I thought during these 4-5 months things will get normal. But I was wrong. Now she is demanding for that house and she wants other to look for their arrangement at other place or she want me to take same size of flat in that city only. At this time neither my budget is so strong to think for new 2bhk flat right now nor having courage to tell my parents to look for an alternate arrangement.

    On this issue my wife is continuously debating with me. She used to call me in my office on my cell phone as well as my desk phone. After going home also she started to discuss on this topic only. She is not ready to listen anything. Her parents also don’t want to come in to picture. They want us to solve this problem.

    Kindly advice me on this. If I sell that flat then what amount I can get and what amount I should give to my father?

    Posted 4 years ago #
  2. Dr.Dsouza
    Member

    Your wife has no right to demand same Flat, as its not yours 100%. your Father has 50% shares in it and Your Parents has right to demand maintenance from you. no law will force you to give her same Flat.

    As you do not have any issue with Your Wife other than FLAT, you can ask your Father about all your money (%) if he can able to pay. else you have to decide sell it or keep it for you and pay Fathers share. Dont ask Parents to look for other Flat, just tell them you need money to buy another Flat, if he can give your Shares.(%)

    Posted 4 years ago #
  3. human2011
    Member

    i have already told my parents about this and they are ready to help me financialy to take new 1bhk flat. but he is also saying that we dont have enough money to buy 2 bhk flat and my wife is insisting me to buy 2 bhk flat only.
    but if i decide to give father his share then i will have to give him as per today's market rate or what amount he had given to me initially that only i have to return. means at the time of buying, that flat cost is 25 lacs and father gave me 13 lacs and i took 12 lacs as a loan. now if i want to return them his share then i will have to pay only 13 lacs or whatever today's market rate.
    i have many other issues with my wife but currently this topic is going very hot. she is not ready to accept that new 1 bhk flat. she is firm on her decision that either she will go to that home with no one else is there or buy a new 2bhk flat for her.

    Posted 4 years ago #
  4. Dr.Dsouza
    Member

    Wife can demand anything; but providing her shelter is your responsibility as per Indian law. not as she demand, she can demand anything, tell her your capacity. as in old Flat, you paid for only one bedroom, other bedroom paid by your Father.

    if you are selling old Flat, you have to pay as per todays rates, as per Fathers share (%)

    if she is demanding / arguing or threatening with something, try to record all her demand, be ready for the worse, todays women go for any extent, even husband sneeze or snore

    Posted 4 years ago #

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