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Change in Property Ownership with Complication of DV Case


07-Aug-2023 (In Property Law)
My brother (Hindu) made a full down payment for a property with 50% contribution from our father. (Bank records of Money transfer available). Unfortunately, under pressure from his wife, he got the property registered under the joint ownership of him and his wife. 3 months ago he moved to a different city to join a better job. Almost immediately his wife filed a false Domestic Violence case against him. In addition to asking for maintenance in her original petition, she had also asked for a restraint against change in the house ownership.. The DV petition has been responded to in court, after which she did not turn up in the next hearing. On inquiring with her lawyer he has said that she would now like a mutual divorce. With the case still pending, can we get the house ownership changed at this stage or any later stage ? At what stage will it be viable to resume residence in the house by my brother and/or parents in the property ?
Answers (3)

Answer #1
750 votes
On the basis of limited information you have provided, you will require to put it as a prior terms of settlement in case of mutual divorce and you have to ensure that the same is also mentioned in the Order passed by the family court, then only you will be able to change the ownership. For detail assistance you can call me and meet me.
Answer #2
578 votes
Taking into consideration the above said facts and the legal query therein.

The house ownership may be changed. However to ascertain the further legal course of action one has to go thorough to details and other facts on case to case basis.

It may also be viable to resume residence in the house. However to ascertain the further legal course of action one has to go through the facts and details on case to case basis.

Best Regards.
Answer #3
722 votes
Since there is no order from any court of law for restraininv you for selling or changing the owner ship of the property then you can change it or sell to any third party. But it is better if you settle the matter with wife and do the needful.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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