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Buying house in mother name to avoid wife claiming part
03-Jun-2023 (In Divorce Law)
I am planning to buy house using housing loan in my mother name only. I have divorce case pending with my wife. Can i get tax exemption if i register in my mother alone. Also can my wife claim part/share in that house (housing loan property)? Please suggest me on this? I filed for contested divorce 5 years back. Need your suggestion sir. Your suggestion will be very helpful for me. I am in rented house from childhood. So I am planning to buy using housing loan for 20 years.
You are free to buy property in your mother's name, you are exempted under THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016. You will not be forced or subjected to dispose the property. However, a petition can be filed by your wife side to seek an attachment over a civil suit based on any pending arrears of maintenance due to her. Your mother can challenge it in her personally capacity, but, there will be a case. I would suggest you to create an registered lease agreement with a known friend and keep the property so that it complicates the matter for someone who wants to file a case asking for attachment.
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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according to this issue if mother has own income or salary means no issue, otherwise in the name of the property will treat as your property only . for maintenance wife can claim this. you can't get tax exemption behalf of your mother's housing loan and all.
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Adv. B Zakir Hussain
Chennai | 200+ Answers
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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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