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Who will get joint property and custody of daughter in divorce?
17-Jun-2023 (In Divorce Law)
How much time it can take? We have a flat in Bangalore, in joint name. Who will get it, so right? We have a daughter of one year nine month. Who will get her custodian? Incidentally, we both are serving in private company. Our married life is six years. Both of our parents are in Kolkata.
If the petition filed is one of Mutual consent, then the divorce would be granted on the expiry of 6 months. Regarding custody of child and distribution of property is something which can be mutually decided by the parties and an MOU can be filed along with the petition agreeing to the terms of alimony, child custody & distribution of joint property as well.
In any other case, the court generally grants custody of the girl child in favour of the mother, and visitation rights to the father upto a certain age. Thereafter parties can once again revisit the court and seek a relook into the order. Regarding the flat, since both of you are the purchasers, the court will decide based on the repayment of loan towards the said flat. Even otherwise the court will grant compensation to the other party.
In any other case, the court generally grants custody of the girl child in favour of the mother, and visitation rights to the father upto a certain age. Thereafter parties can once again revisit the court and seek a relook into the order. Regarding the flat, since both of you are the purchasers, the court will decide based on the repayment of loan towards the said flat. Even otherwise the court will grant compensation to the other party.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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Mother plays a vitol role in life and court empowers rhe child ro be given to her since starting 8 years of child is crucial in life and transformation of child will be in 8 years and how u bring child with u will be important so give more time with child and child chooses u looks her/her. And It takes 1-2 year time for case.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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Sir,
I am not able to trace the facts of your case in clear.
When there is flat in joint name then both will become the joint owner. Who will get it ? both have the rights. If you want to transfer both of you need to sign the document.
I am not able to trace the facts of your case in clear.
When there is flat in joint name then both will become the joint owner. Who will get it ? both have the rights. If you want to transfer both of you need to sign the document.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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