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IMPACT OF NRI’s DIVORCE ON JOINT PROPERTY IN INDIA

Divorce done by anyone be it rich or poor, irrespective of any age is a very tedious, tiresome, emotionally, mentally, physically and economically painful process. It causes huge pain to the already emotionally unstable couple.

NRI Divorce lawyer in Mumbai services for joint property cases

Divorce done by anyone be it rich or poor, irrespective of any age is a very tedious, tiresome, emotionally, mentally, physically and economically painful process. It causes huge pain to the already emotionally unstable couple. In our nation, India, today there are many numbers of trans – continental couples that are the NRIs (Non – residents of India). For these NRIs, the procedures for the process of divorce are extra complex and confusing. When cases with respect to Joint properties are involved then it becomes extra time consuming and hard. To solve these types of cases the best NRI advocate must be hired. Adv. Bindu Dubey is one of the finest NRI lawyers in Mumbai who has the knowledge for helping any NRI couple with their property problem. She will handle all the paperwork and will advise the client after analysing the case and bringing out the issues.

Various questions will come up in the minds of the NRI couples. The first basic and most important question is the question of Jurisdiction.
It is in the authority and power of the courts and magistrate to bestow any valid order with respect to the jurisdiction. Instances with respect to marriages and the divorce in it, the jurisdiction resides on the location where the said marriage happened. It is also done with respect to the jurisdiction of where one of the spouses reside and the religion of the couple is also taken into consideration. This is because, this makes it clearer as to which Act (majorly Special Marriage Act) was used during marriage. In very ‘out of the ordinary’ or unexpected instances the India courts permit the Non residents to apply for divorce in their residence nation, and this will be done only if all the said Indian legal proceedings and procedures are followed properly during divorce and separating the joint property. Here, in these situations the consent of the both the involved spouses is mandatory.

WAYS TO DEAL WITH THE JOINT PROPERTY CASES:
In situations where both the spouses have invested in the property then it is very much advisable to solve the disputes mutually with consent as this will make the process a less tedious and less complex. If not then the spouses, advocates and other people involved will be faced with long legal process.
If either one of the spouses want the full power over the property, then they will have to consult with the other spouse and not act impulsively by making it their own. The consent of the other party is mandatory. This is to avoid any issues which can come up in the future. Also, to further avoid any problems changing the legal owner and title deed to the one spouse who wants it is highly advised.
The selling of the said joint property and then equally sharing or splitting the income from that is also one option. This can be done as it will highly benefit the Non – resident spouse. It can either be done like splitting equally or by any separate investments. However, this said process involves the concept and process of Taxation. Nevertheless, this will clear all the future hinderances. This process is the most highly recommended one for couples who face issues with respect to joint properties while divorce. This is also for couples who do not want to meet each other in the upcoming time.
Many spouses do not consider the process of divorce a final one in their relationship journey. They tend to remain good friends to take care of their children and their needs. They will want to maintain a very amicable and hospitable relationship with each other. In these situations, and instances, the idea of still continuing with the joint property ownership is possible. This is a very absolute and complete solution. But in spite of this, it is advised for the couples to go through all the agreements and documents, this can be done to clearly lay out the responsibilities and rights of both the parties as one might be a non – resident of India.

If the spouses cannot come into agreement with any options as mentioned then the power will reside on the court to decide the property dispute. The court has full authority to look into the case and divide or give the property to one spouse as it might not be as useful for a non – resident of India to own a property in India as much as how it might benefit the resident of India spouse. But by legal terms the court will look into the benefactions and allowances that has been invested by both the spouses to purchase the Join property. After assessing these factors, the court will deliver their verdict accordingly. To analyse better and understand better the Non – resident of India spouse will have to consult the best lawyer. Adv. Bindu Dubey is one of the finest NRI property lawyer in Mumbai and she can be consulted for any issues regarding this joint property during divorce.

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